CITIZENS ARREST (Wikipedia)
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CITIZENS ARREST (Wikipedia) Document Transcript

  • 1. FROM: http://en.wikipedia.org/wiki/Citizen%27s_arrestIn accordance with Federal Laws provided For Educational and Information Purposes – i.e. of PUBLIC InterestCitizens arrestFrom Wikipedia, the free encyclopedia This articles lead section may not adequately summarize its contents. Please consider expanding the lead to provide an accessible overview of the articles key points. (March 2011) This article relies on references to primary sources or sources affiliated with the subject, rather than references from independent authors and third-party publications. Please add citations from reliable sources. (March 2011)A citizens arrest is an arrest made by a person who is not acting as a sworn law-enforcement official.[1] Incommon law jurisdictions, the practice dates back to medieval Britain and the English common law, in whichsheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the practices name, in most countries, the arresting person is usually designated as a person with arrestpowers, who need not be a citizen of the jurisdiction or country in which he or she is acting. For example, inEngland/Wales, the power comes from Section 24a Police and Criminal Evidence Act 1984, called any personarrest. This legislation states any person has these powers, and does not state that they need to be a citizen ofEngland/Wales.Contents[hide]  1 Legal and political aspect  2 Laws by country o 2.1 Australia  2.1.1 Victoria  2.1.2 New South Wales  2.1.3 Queensland  2.1.4 South Australia  2.1.5 Tasmania  2.1.6 Western Australia  2.1.7 The Territories o 2.2 Brazil o 2.3 Canada o 2.4 Finland o 2.5 France o 2.6 Germany o 2.7 Hong Kong o 2.8 Hungary o 2.9 India o 2.10 Ireland o 2.11 Israel o 2.12 Malaysia o 2.13 Mexico o 2.14 New Zealand o 2.15 Pakistan o 2.16 Portugal
  • 2. o 2.17 Sweden o 2.18 United Kingdom  2.18.1 England and Wales  2.18.1.1 Other powers  2.18.2 Northern Ireland  2.18.3 Scotland o 2.19 United States  3 See also  4 References  5 External links[edit] Legal and political aspectA person who makes a citizens arrest could risk exposing him or herself to possible lawsuits or criminal charges(such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong personis apprehended or a suspects civil rights are violated.[citation needed] This is especially so when police forces areattempting to determine who an aggressor is.The level of responsibility that a person performing a citizens arrest may bear depends on the jurisdiction. Forinstance, in France and Germany, a person stopping a criminal from committing a crime, including crimes againstbelongings, is not criminally responsible as long as the means employed are in proportion to the threat (note,however, that at least in Germany, this results from a different legal norm, "aid to others in immediate danger,"which is concerned with prevention, not prosecution, of crimes).[edit] Laws by country[edit] AustraliaThe power to arrest is granted by both federal and state legislation, however the exact power granted differsdepending on jurisdiction. The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914.[2]Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believeon reasonable grounds that:  the other person is committing or has just committed an indictable offence; and  proceedings by summons against the other person would not: ensure the appearance of the person before a court in respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence; prevent the concealment, loss or destruction of evidence relating to the offence; prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, andany property found on the other person, to be delivered into the custody of a constable.[edit] VictoriaIn the Australian state of Victoria, the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic).[3] Itstates that a person may, without a warrant, arrest a person that they find committing an offence for one or more ofthe following reasons:  to ensure the appearance of the offender in court, and/or  to preserve public order, and/or  to prevent the continuation or repetition of the offence, or the commission of a further offence, and/or
  • 3.  for the safety or welfare of the public or the offenderA person may also arrest another person if they are instructed to do so by a member of the police force, or if theybelieve on reasonable grounds that they are escaping legal custody.Section 461 states that if an arrest is made under 458 of the Crimes Act, and is later proven to be false, then thearrest itself wont be considered unlawful if it was done so on reasonable grounds. Section 462A allows any personthe right to use force ‘not disproportionate to the objective as he believes on reasonable grounds to be necessary toprevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting thelawful arrest of a person committing or suspected of committing any offence’.[edit] New South WalesIn the Australian state of New South Wales, the power to arrest is granted by s.100 of the Law Enforcement(Powers and Responsibilities) Act 2002.[4] Under the Act, a person may, without a warrant, arrest another person if:  the person is in the act of committing an offence under any Act or statutory instrument, or  the person has just committed any such offence, or  the person has committed a serious indictable offence for which the person has not been tried.Section 231 of the Act allows for the use of such force as is reasonably necessary to make the arrest or to preventthe escape of the person after arrest. A person who arrests another person under s.100 must, as soon as isreasonably practicable, take the person, and any property found on the person, before a magistrate to be dealt withaccording to law. The magistrate will also decide whether or not the force applied in making the arrest wasreasonable in the circumstances.According to the Law Society of New South Wales, the arresting person should:  inform the person that they are under arrest and  inform the person of the reasons for the arrest [5][edit] QueenslandIn the Australian state of Queensland, the power to arrest is granted by s.546 of Schedule 1 to the Criminal CodeAct 1899.[6] Under the Act, any person who finds another committing an offence may, without warrant, arrest theother person. The power to arrest in Queensland also allows for arrest on suspicion of an offence: If the offence has been actually committed--it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not.s.260 of the Act also provides a power to arrest in preventing a breach of the unorthodox peace: It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.[edit] South AustraliaThe Criminal Law Consolidation Act 1935 (s271) [7] grants arrest powers to a person.
  • 4. "s271(3) A person is liable to arrest and detention under this section if the person is in the act of committing, or hasjust committed an indictable offence; or theft (whether the theft is a summary or indictable offence); or an offenceagainst the person (whether the offence is summary or indictable); or an offence involving interference with,damage to or destruction of property (whether the offence is summary or indictable). "[edit] TasmaniaUnder the Police Offences Act 1935 (Tasmania), section 55(3), any person may arrest any other person whom theyfind committing an offence, where they have reasonable grounds to believe that the conduct will create or mayinvolve substantial injury to another person, serious danger of such injury, loss of property or serious injury toproperty. Section 55(5) states ‘For the purposes of this section, a person is said to be “found offending” if he doesany act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds himreasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offenceagainst this Act.’ There are further provisions in section 301 of the Criminal Code Act 1924 (Tas) that appear toallow a sliding scale of force in executing an arrest.[edit] Western AustraliaIt was only in 2004 that the Western Australian parliament repealed the quaint provisions of the former section 47of the Police Act 1892 which allowed any person to arrest without a warrant ‘any reputed common prostitute, thief,loose, idle or disorderly person, who, within view of such person apprehending, shall offend against this Act, andshall forthwith deliver him to any constable or police officer of the place where he shall have been apprehended, tobe taken and conveyed before a Justice, to be dealt with according to law …’ A private citizen would have found itrather difficult to interpret the terms ‘loose’ or ‘idle’ with any degree of legal certainty. WA now locates itscitizen’s arrest powers in section 25 of the Criminal Investigation Act (WA) 2006.[edit] The TerritoriesNorthern Territory: Under section 441(2) of the Criminal Code of the Northern Territory, any person can arrestanother whom he or she finds committing an offence or behaving such that he or she believes on reasonablegrounds that the offender has committed an offence and that an arrest is necessary for a range of specified reasons.Australian Capital Territory: refer to the Crimes Act 1900 (ACT), section 218, which permits a citizen’s arrest.Generally speaking we can safely conclude as follows regarding the law in Australia: where it is clear on theevidence that a private citizen, or security officer, in detaining a suspect, acted reasonably and the suspectunreasonably, then it is likely that the court will find in favour of the citizen or security officer and against thesuspect if that suspect chooses, later, to sue the citizen for assault or false imprisonment. In other circumstanceswhere, say, a property owner (or an agent) arrests a thief in a manner, and in circumstances, disproportionate to thelikely harm to the victim, and in clear defiance of the rights of the suspect (for example, to be taken forthwith to apolice station), then the court is very likely to find in favour of the suspect (guilty or otherwise). The courts mayorder compensation for such suspects in appropriate circumstances. {speedydelete}[edit] BrazilA Federal law allows any person to arrest a suspect criminal found in flagrante delicto or fleeing from the crimescene. The person has to, at his/her own judgment, have the physical power to keep the suspect detained, has toverbally explain what he/she is doing to the arrestee and has to call the police. Both have to wait for the arrival ofthe police. The person who makes a citizens arrest has to sign the police forms as a witness and explain the facts.Typically it will lead to a time burden of at least two hours. If the facts cannot be verified the person who realizesthe citizens arrest might be sued by the arrestee.[edit] Canada
  • 5. Section 494. (Criminal Code)[8](1) ARREST WITHOUT WARRANT BY ANY PERSONAnyone may arrest without warrant(s)(a) a person whom he finds committing an indictable offence; or(b) a person who, on reasonable grounds, he believes  (i) has committed a criminal offence, and  (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person(2) ARREST BY OWNER, ETC., OF PROPERTYAnyone who is(a) the owner or a person in lawful possession of property, or(b) a person authorized by the owner or by a person in lawful possession of propertymay arrest without warrant a person whom he finds committing a criminal offence on or in relation to thatproperty.(3) DELIVERY TO PEACE OFFICERAny one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to apeace officer. This section may require cleanup to meet Wikipedias quality standards. (Consider using more specific cleanup instructions.) Please help improve this section if you can. The talk page may contain suggestions. (July 2009)-Section 494, sub. 1, (a) is the "General Power of Arrest" for non-peace officers.- Section 494, sub. 1, (b) is known as the "Assist Power of Arrest" and includes assisting another citizen whowitnessed a "Criminal Offence" and, therefore, "... is escaping from and freshly pursued by persons who havelawful authority to arrest that person ...". This section of the Criminal Code of Canada IS that authorization.- Section 494, sub. 2, is the "Owner/Agent" power of arrest. It applies to both security and all other staff (orfriends/neighbours if it is a dwelling) of any given property (The reason companies tell their staff they cant makesuch an arrest is because if the person making the arrest is hurt/killed by the criminal, the company becomes liablefor the injury or death. Further, most people are neither equipped or trained to make proper arrests, which greatlyincreases the likelihood of injury or death to the citizen).- in Section 494, sub. 2, (b) "...a person whom he finds committing a criminal offence on or in relation to thatproperty." includes criminal offences that are not on that property at all. If someone steals from a store, the securitypersonnel who pursue the thief can leave the property to continue the pursuit. When the pursuit is broken off, thethief is no longer considered to be "freshly pursued" and therefore others are no longer permitted to assist in theapprehension of the criminal (it, then, becomes a matter for the Police to handle). Note that 494(1)(a) allows forarrest related only to indictable offences, while 494(2) allows for arrest for any offence against the laws ofCanada,[9] most notably small value theft.
  • 6. [edit] FinlandCoercive Measures Act 30.4.1987/450 gives a right to apprehend someone in the act of committing a crime (inflagrante delicto) or fleeing from the crime scene, if punishment for the crime might be imprisonment or the crimeis mild assault, pilferage, mild treachery, mild unapproved use, mild annexation of motor vehicle, mild mischief ormild forgery. A person wanted by the police (arrest warrant) can be apprehended by anyone. After theapprehension, the police must be contacted as soon as possible. If the criminal is resisting or tries to escape, thelaw gives a citizen the right to use an amount of force considered necessary, when considering the nature of thecrime, the behavior of the apprehended and the situation as a whole.[edit] FranceAllows any person to arrest a person having been caught in flagrante delicto committing a crime punishable by ajail or prison term, and to conduct that person before the nearest officer of judiciary police – in modern practice,one would rather call the police in after performing the arrest. [10][edit] GermanyCitizens arrests can be made under §127 StPO (code of penal procedures) if the arrestee is caught in flagrantedelicto and either the identity of the person cannot be otherwise established immediately or he/she is suspected totry to flee.[11] The person making the arrest is allowed to hold the arrestee solely for the purpose of turning himover to a proper legal authority such as the police. German law does not establish that the crime has to be serious,nor that the person making the arrest has to actually be a citizen of Germany.[edit] Hong KongKnown as the 101 power in Hong Kong. Under Hong Kong Laws. Chap 221 Criminal Procedure Ordinance,Section 101 Summary apprehension of offender in certain cases, subsection 2 "Any person may arrest withoutwarrant any person whom he may reasonably suspect of being guilty of an arrestable offence." Once anarrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings."Arrestable offence" is defined as any crimes that can be sentenced for more than 12 months of jail time. [12][edit] HungaryAccording to article 127, section 3 of Act XIX. of 1998 concerning Penal Procedure, anyone may arrest a personcaught committing a felony, but is obliged to hand the person over to the "investigative authorities" immediately; ifthis is not possible, the police must be informed.[edit] IndiaAccording to section 43, of the Code of Criminal Procedure, 1973 "Any private person may arrest or cause to bearrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimedoffender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to apolice officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to thenearest police station."[edit] IrelandAny person can arrest someone who they have reasonable cause is in the act of committing or has committed an"arrestable" offence, that is one punishable by more than 5 years in prison. [13] The arrest can only be effected if thearrestor has reasonable cause that the person will attempt to avoid apprehension by Gardaí and the arrestor deliversthe person to Garda custody as soon as is practicable.
  • 7. [edit] Israel This section does not cite any references or sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (June 2011)A law allowing anyone to arrest a suspect who they witnessed carrying out a felony was repealed in 1996 and anew law now allows the detention of a suspect by another person under certain conditions. Section 75 of theCriminal Procedure Law (Enforcement Powers - Arrest) of 1996 allows anyone to detain a person who iswitnessed carrying out certain suspected crimes. The crimes include the following: a felony, theft, a crime ofviolence and a crime which has caused serious damage to property. A person using these detention powers may usereasonable force if their request is not met as long as they do not cause the suspect bruising. They must hand thesuspect over to the police immediately and no later than three hours. Persons whose identity is known or who arenot suspected of fleeing may not be detained. The law, which is relatively new, is used by both private individualsand private security but is problematic because it has not yet been interpreted by the courts. A magistrates court inJerusalem has in early 2009 handed down a verdict convicting two private security officers of assault following adetention of a suspect who assaulted one of them. The court reached a conclusion that the guards were not allowedto detain the suspect who was seated in a taxi at the time and should have waited for the police to arrive.[edit] MalaysiaSection 27(1) of the Criminal Procedure Code allows for a private person to arrest a person who, in his view, hascommitted a seizable offence or a non-bailable offence:[14]Any private person may arrest any person who, in his view, commits a non-bailable and seizable offence or whohas been proclaimed under section 44 and shall without unnecessary delay hand over the person so arrested to thenearest police officer or, in the absence of a police officer, take that person to the nearest police station.Sub-section 5 further allows the arrest of a person who commits an offence on or with respect to the property ofanother by any person who is using the property to which the injury is done, or by the servant of either of thosepersons or by any person authorized by or acting in aid of either of those persons: [15]Any person who commits an offence on or with respect to the property of another may if his name and address areunknown be apprehended by the person injured or by any person who is using the property to which the injury isdone, or by the servant of either of those persons or by any person authorized by or acting in aid of either of thosepersons, and may be detained until he gives his name and address and satisfies such person that the name andaddress so given are correct or until he can be delivered into the custody of a police officer.A "seizable offence" is defined as an offence in which a police officer may ordinarily arrest without warrant as perdefined by the Code.[16][edit] MexicoArticle 16 of the 1917 Constitution of Mexico allows any person to arrest a criminal found in flagrante delicto.[17][edit] New ZealandSome legal protection exists to those making a citizens arrest as provided in the Crimes Act 1961 in that there maybe justification or protection from criminal responsibility. Justification of the arrest ensures the arresting person isnot guilty of an offence and are not liable to any civil proceeding. Protection from criminal responsibility meansthose who make the arrest are not liable to any criminal proceedings. They are however liable for civilproceedings. The legislation is carefully worded and only applies for offences covered in the Crimes Act 1961, notother offences such as those covered in the Summary Offences Act 1981.[18]
  • 8. Specifically, the Crimes Act 1961 states that everyone (not just New Zealand citizens) is justified in arrestingwithout warrant:[19]  Any person found committing any offence against this Act which the maximum punishment is not less than 3 years imprisonment; or  Any person found at night (9pm till 6am) committing any offence against this Act.Other situations where members of the public are protected from criminal responsibility when involved in arrestingwhere:  They have been asked by a police officer to help arrest any person believed or suspected to have committed any offence unless they know that there is no reasonable ground for the belief or suspicion. [18][20]  They witness a breach of the peace, and therefore are justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to hand them over to a Police Officer provided that the person interfering does not use more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.[21] Similar legislation applies to suppressions of riots by members of the public. [22]  They believe, on reasonable and probable grounds, someone has committed an offence against the Crimes Act 1961 and is fleeing and is being pursued by any one they believe can arrest that person for the offence (such as a police officer). This applies whether or not the offence has in fact been committed, and whether or not the arrested person committed it.[23]In all cases a person making a citizens arrest must hand over the suspect to a police officer at the earliest possibletime.[edit] PakistanSection 59 of the Criminal Procedure Code authorizes a private person to arrest any one he reasonably suspects ofcommitting a non-bailable offence.[edit] PortugalAccording to the Portuguese Code of Criminal Procedure (article 255), any person may arrest someone in the actof committing a crime or fleeing from the crime scene if the crime they were committing is punishable with aprison term of any length. The arrested person must be handed over to the police immediately after it is possible todo so.[edit] SwedenAny person may arrest someone in the act of committing a crime or fleeing from the crime scene if the crime he orshe was committing is punishable with a prison term of any length. A person wanted by the police, for whom thereis an arrest warrant, can be arrested by anyone at any time. After the arrest, the police must be contacted as soon aspossible.[edit] United Kingdom[edit] England and WalesA citizens arrest is permitted to be made on any person under section 24A of the Police and Criminal EvidenceAct 1984 for an indictable offence, including either way offences (in this section referred to simply as "anoffence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:
  • 9.  Anyone who is in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence, or  Where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of itIn order for the arrest to be lawful, the following two conditions must also be satisfied:  It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead  The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following: o The person causing physical injury to himself or others o The person suffering physical injury o The person causing loss of or damage to property o The person absconding before a constable can assume responsibility for himUse of the second power above is rather risky, since it relies upon the person carrying out the arrest knowing thatan offence has been committed, of which in itself needs to be indictable or either way offence. The Act thereforegives a constable additional powers under section 24 to arrest the following:  Anyone who is (without doubt) about to commit an offence, or whom the constable has reasonable grounds for suspecting to be about to commit an offence  Anyone whom the constable has reasonable grounds for suspecting to be guilty of an offence which is merely suspected to have taken placeN.B. Any person powers can be used to arrest before an offence occurs as long as the offence in question fallswithin the Criminal Attempts Act 1981. This act creates the offence of an attempted offence, as long as the offencebeing attempted is an indictable one. For this to apply, the offence must actually be in the process of beingattempted - preparatory steps are not sufficient. For example, putting gloves on to smash a car window would notsuffice, but the throwing of a brick at the window would.A constables arrest power is not limited to indictable offences, and conditions different from the above apply.However, a citizens arrest cannot be made:  inside a polling station, on a person who commits or is suspected of committing an offence of personation under article 30 of the National Assembly for Wales (Representation of the People) Order 2007,[24]  inside a polling station, on a person who commits or is suspected of committing an offence of personation under section 60 of the Representation of the People Act 1983[25]  in relation to an offence of stirring up racial hatred under Part 3 or stirring up religious hatred under Part 3A of the Public Order Act 1986.[26]In addition to the above, a private person may be authorised to execute an arrest warrant, if the court issuing thewarrant has given them the authority to do so.[edit] Other powersA person may arrest an individual/individuals to prevent an occurring, repeated or a breach of the peace about tooccur. This offence definition and power of arrest are contained under the common law definition of breach of thepeace.Until 2006, there was an any person power of arrest under part of the Theft Act 1968 in England and Wales thatrelated to poaching,[27] which was used by private water bailiffs (as opposed to Environment Agency bailiffs). Thisceased to have effect as a result of a general repeal of such arrest powers by the Serious Organised Crime andPolice Act 2005.[28] An officer or agent of certain companies may seize and detain any person who has committed
  • 10. an offence against the provisions of the Companies Clauses Consolidation Act 1845 whose name and residenceshall be but unknown to such officer or agent, and take them before a justice of the peace, who "shall proceed withall convenient dispatch to the hearing and determining of the complaint against such offender". [29]Under the Standing Orders of the House of Commons of the United Kingdom, the Serjeant at Arms has the powerto take into custody anyone who is in a Members-only area of the House, or who misconducts themselves, or whofails to leave when the House sits in private. [30][edit] Northern IrelandSimilar provisions apply to Northern Ireland as to England and Wales, implemented through the Police andCriminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341)[31] as amended by the Police and CriminalEvidence (Amendment) (Northern Ireland) Order (SI 2007/288).[32][edit] ScotlandWhile no statutory provision for citizens arrest exists in Scots Law, there is a common law position that anyonecommitting an offence can be arrested using minimum force if necessary with consideration to what is reasonablein the relevant circumstances. The offence must be a serious one and not merely for a breach of the peace. Theperson exercising the power must have witnessed the offence occurring therefore they cannot act upon informationfrom another person. An arrest is applicable reliant on situation.[33][34][edit] United StatesEach state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessedby the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. Theapplication of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies notwitnessed by the arresting party. For example, Arizona law allows a citizens arrest if the arrestor has personallywitnessed the offense occurring.[35]American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held tothe principle of strict liability before the courts of civil- and criminal law including, but not limited to, anyinfringement of anothers rights. [36] Nonetheless many citizens arrests are popular news stories. [37]Though North Carolina General Statutes have no provision for citizens arrests, detention by private persons ispermitted and applies to both private citizens and police officers outside their jurisdiction.[38] Detention ispermitted where probable cause exists that one has committed a felony, breach of peace, physical injury to anotherperson, or theft or destruction of property. [39] Detention is different from an arrest in that in a detention the detaineemay not be transported without consent.[edit] See also  R. v. Asante-Mensah  Shopkeepers privilege  Individuals with powers of arrest[edit] References 1. ^ Hudson v. Commonwealth of Virginia. 2. ^ Commonwealth Crimes Act 1914. 3. ^ Crimes Act 1958 of Victoria. 4. ^ Law Enforcement (Powers and Responsibilities) Act 2002 of New South Wales.
  • 11. 5. ^ Law Society of New South Wales - Under arrest?. 6. ^ Criminal Code Act 1898 of Queensland. 7. ^ Sth Aust Criminal Law Consolidation Act 1935 Section 271 8. ^ Criminal Code 494. 9. ^ Criminal Code of Canada. 10. ^ Code of penal procedure (France), Article 73. 11. ^ §127 StPO (code of penal procedures) (Germany). 12. ^ Criminal Procedure Ordinance (Hong Kong), Chapter 212, Section 101. 13. ^ Criminal Law Act 1997 (Ireland), Section 4. 14. ^ Criminal Procedure Code (Act 593) § 27(2). 15. ^ Criminal Procedure Code (Act 593) § 27(5). 16. ^ Criminal Procedure Code (Act 593) § 2(1). 17. ^ Constitution of Mexico, Article 16. 18. ^ a b "Citizens Arrest and Self-defence" (PDF). Neighbourhood Support New Zealand. Retrieved 2010-10-08. 19. ^ Crimes Act 1961, Section 35 & 36. 20. ^ Crimes Act 1961, Section 34. 21. ^ Crimes Act 1961, Section 42. 22. ^ Crimes Act 1961, Section 43. 23. ^ Crimes Act 1961, Section 38. 24. ^ "The National Assembly for Wales (Representation of the People) Order 2007 (No. 236) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-04-24. 25. ^ "Electoral Administration Act 2006 (c. 22) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-04-24. 26. ^ "Police and Criminal Evidence Act 1984 (c. 60) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010-04- 24. 27. ^ Paragraph 2(4) of Schedule 1 to the Theft Act 1968 28. ^ Paragraph 38 of Schedule 7 to the Serious Organised Crime and Police Act 2005; commenced by article 2(m) of the Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005 29. ^ "Companies Clauses Consolidation Act 1845 (c.16) - Statute Law Database". Statutelaw.gov.uk. Retrieved 2010- 04-24. 30. ^ Standing Order 161 of the House of Commons 31. ^ http://www.opsi.gov.uk/si/si1989/uksi_19891341_en_1 32. ^ "The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 No. 288 (NI. 2)". Opsi.gov.uk. 2007-02-07. Retrieved 2010-04-24. 33. ^ House of Commons - Armed Forces - Minutes of Evidence. 34. ^ Citizens Arrest (Hansard, 18 October 1995). 35. ^ Arizona Revised Statutes Title 13 Section 3884 36. ^ [1] Columbia Law Review, Vol. 65, No. 3 (Mar., 1965), pp. 502-513. 37. ^ "High School Cheerleader Tackles Thief". Koco. July 28, 2010. Retrieved Oct 12, 2011. 38. ^ GS_15A-404. 39. ^ North Carolina General Statutes - Legal Commentary - April 1997.[edit] External links  Australian Federal Police fact sheet on Citizens Arrest  wikiHow How to make a Citizens Arrest