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?