14 Facts About Citizen's arrest

Citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official.

Section 461 states that if an Citizen's arrest is made under section 458 of the Crimes Act, and is later proven to be false, then the Citizen's arrest itself won't be considered unlawful if it was made on reasonable grounds.

Citizen's arrest powers are now in section 25 of the Criminal Investigation Act 2006.

The person who makes a citizen's arrest has to sign the police forms as a witness and explain the facts.

For greater certainty For greater certainty, a person who is authorized to make an Citizen's arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

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Once an Citizen's arrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings.

Term "citizen's arrest" is colloquially used for arrest, without an arrest warrant, made by someone other than a member of the Garda Siochana.

In New Zealand, some legal protection exists to those making a citizen's arrest as provided in the Crimes Act 1961 in that there may be justification or protection from criminal responsibility.

Property owners are entitled to Citizen's arrest those found damaging their private property and to authorize people working for them to Citizen's arrest anyone damaging their property as well.

Code of Criminal Procedure allows private citizens to Citizen's arrest persons caught in flagrante delicto in the commission of a crime.

Private citizens who make an Citizen's arrest are obligated to immediately turn over the detainee to the police.

Citizen's arrest can be lawfully carried out on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence, including either way offences, but with some exceptions listed below.

Where an Citizen's arrest is made after an offence has been committed, the person who makes the Citizen's arrest must actually know, not simply suspect that an offence has actually been committed.

Similarly, a person who uses force to resists a citizen's arrest would commit the offence of assault with intent to resist arrest.