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Citizen's arrest

When the New Zealander Pete Bethune tried so daringly to place the captain of a Japanese whaling ship under citizen's arrest this wee, I set about checking whether there is such a provision. I'd always suspected that the citizen's arrest was an urban myth, but no! There it is in section 100 of NSW's Law Enforcement (Powers and Responsibilities) Act 2002: a person other than a police officer may arrest a person wyho is committing or has just committed an offence "under any act or statutory instrument" or who has "committed a serious indictable offence for which the person has not been tried".

The reference to "any act or statutory instrument" suggests that we can arrest anyone for the most minor offences. Is littering an offence under an act or statutory instrument? Speeding? Drinking alcohol in an alcohol-free zone? Spitting? What fun we'll have!

Other states, by the way, set a significantly higher limit, stipulating felonies or indictable offences or offences that can incur a jail sentence.

Do we have specific protections in making a citizen's arrest? There is no offence of hindering a citizen in the performance of his or her duty, as there is for police, but section 33B of the act says that anyone who threatens injury with intent to hinder their lawful apprehension is liable to imprisonment for 12 years.

Should we give it a burl? The dangerous driver stopped at the lights, we knock on his window and inform him that we are placing him under citizen's arrest for dangerous driving? It might be wise then to quote the 12 years' imprisonment specified in section 33B.

Have you made a citizen's arrest? Would you? Should we?

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Date: Newest first | Oldest first
Sure. Next time I see a 24 stone footballer running amok in a local watering hole, I'll start reading him his rights. "You have the right to remain ..... *thump*". Here endeth the citizen's arrest experiment.
Posted by Abundance, 19/02/2010 9:15:44 AM, on The Herald
There are times when you think it would be a good idea, but then you wonder how you could do it. Getting someone to a police station could be trickier than getting a kangaroo to come with you.
Posted by Dazza, 19/02/2010 9:23:04 AM, on The Herald
Sounds like fun to me. I'm sick of giving the evil eye to cigarette smokers that just chuck their butts wherever they want. It's leaving me unfulfilled. If I was able to arrest them I could practice my Tae-Kwon-Do to prevent them from escaping. Maybe some Karate to prevent them from resisting arrest. Chuck in some kick-boxing to prevent their colleagues trying to aid them. I could be called Buttman and make a reality TV show about it.... Thanks JC, great idea, I'm off to buy a video camera.
Posted by judgedredd, 19/02/2010 9:33:49 AM, on The Herald
Jeff - I think the 'arrest' part is fine (ie. detaining of liberty so they can't get away) - but what can you do with them then? I don't think a citizen can then "charge" them with anything - you have to hold them until a police officer shows up (somehow) and then the police decide whether to charge. It all sounds very good - but I bet there are plenty of people who have later regretted making a citizen's arrest for either lack of follow up and counter charges of assault by the offender!
Posted by Monke, 19/02/2010 9:40:01 AM, on The Herald
As with most legal mumbo jumbo, once you 'arrested' the (P PLATER) you would then have to prove he was driving dangerously for police to then charge him - which could only I guess be done by independent witnesses or video. Or you could just grab their keys and throw them into the bush. Option 2 sounds better.
Posted by barkley, 19/02/2010 9:45:32 AM, on The Herald
There is some irony in Mr Bethune’s attempt to make a citizen’s arrest given he had to break international maritime law to do so. One trusts that the master of the Japanese whaling vessel reciprocated by in turn arresting Mr Bethune for assault occasioning actual bodily harm and illegally boarding a vessel in international waters. Unlike Mr Bethune’ dubious charges I suspect the latter would actually hold up in a court of law. I thought the “citizen’s arrest” provisions were something of an anachronism, but that appears not to be so. While the thought of arresting Buell for allowing her off leash dog to crap in Glenrock State Conservation Area under the provisions of the National Parks and Wildlife Regulations 2002 makes my pulse quicken, it is tempered by the prospect that a botched citizen’s arrest may result in the miscreant getting off on a technicality, and I certainly wouldn’t want to risk that. However, for those of you who feel less constrained, there will no doubt be boundless opportunities to test the provision of the act at the next “Rising Turd” protest -“ The People's Blockade of the World's Biggest Coal Port” on the 28 March 2010
Posted by Directeur Sportif, 19/02/2010 9:53:37 AM, on The Herald
If I ever make a citizen's arrest, I will ensure I do so in the fashion of the tough New York cop style eg. throw them through a window "You have the right to remain silent" *smash*, then throw through another window, "You have the right to an attorney" *smash* ... etc, yes, completely unnecessary and irrelevant (as we do not have such rights), but merely for dramatic effect.
Posted by Rourke, 19/02/2010 10:05:46 AM, on The Herald
Hey Jeff my wife has put me under house arrest a few times which hinders my progress to the bowling club.
Posted by horse, 19/02/2010 10:07:11 AM, on The Herald
I'm sure most of us have wanted to make a citizens arrest at some time. I am too much of a girly la la, and that's what i thought the police were for. I have no hesitation in ringing them if I see or am witnessing something horrible happening. Everyday I see smokers chucking butts into the gutter or out car windows, and then is when I'm most outraged, because it's not exactly a police call worthy event. So perhaps I could give them a yellow card warning? Although I think I'm far too much of a scaredy cat to do that.
Posted by leahkf, 19/02/2010 10:21:43 AM, on The Herald
The power for a civilian to arrest is also there under Section 352 (NSW) Crimes Act but a very judicious use would be advised as very few know of the ingredients needed to sustain the charge that have to be complied with. (He who alleges must prove beyond a reasonable doubt.) If done incorrectly, the arrester could find themsef/s being sued (and probably losing) for unlawful arrest. Nothing quite like an enraged solicitor who thinks some novice getting onto their patch. Still easiest method, ring Police, go through upteen switches then grow old waiting for them to attend. Far cheaper anyway.
Posted by MizJasper, 19/02/2010 10:56:39 AM, on The Herald
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Jeff Corbett
Bend the online ear of the Hunter's most provocative columnist.

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