One Monday morning about 30 years ago, I drove to work, parked my car in the village car park, and started hauling my bags of files out of the boot. In my new role with a firm of solicitors, the weekend had been a chance to familiarise myself with my pressing caseload. I initially paid little attention to a small group of people in heated animation nearby as I unloaded the car. Then I realised what was in fact going on was an attack; someone was pinned against a van. Seconds later, I heard weak squeals for help. I dropped by bags and bellowed, ‘Stop! Stop that now! I am a solicitor and I’m telling you to stop now!’ I strode to the huddle and continued yelling at them to stop.
I told the mother and boyfriend I’m making a citizen’s arrest of them both
Three surprises followed. First, the attack ceased. The two attackers then moved away from their victim who was curled up on the ground in self-protection. She stumbled upright to reveal herself as a petite young woman. Clutching her midriff and with her face bleeding heavily, she staggered to the other side of the road towards onlookers – clearly desperate to flee her attackers with any strength she could muster – before I could speak with her.
The second, greater surprise – given that I wouldn’t regard myself as an imposing or scary-looking figure – was that the assailants now stood before me, staring at me as if awaiting further instructions.
The third surprise, straying almost into the realms of the surreal, was that one of the assailants, a hefty-looking woman about my height but twice as broad, casually introduced herself as the victim’s mother and – equally casually, as though introducing a friend at a party – identified her cohort, a tall, burly young man, as the victim’s boyfriend.
Given the repeated, violent kicking and punching of the victim by two people, I suspected the victim was sustaining or had sustained serious injury that could amount to grievous bodily harm. I told the mother and boyfriend I’m making a citizen’s arrest of them both and that they were to wait while I called the police. Apparently, however, the onlookers on the other side of the road had already called the police after hearing my shouts. While the attackers were explaining themselves to me, the police arrived and assumed responsibility for them.
I’d like to think I could do the same again were I to come across an assault in progress. However, our society isn’t what it was in the 1990s. I can’t imagine a situation nowadays where, on witnessing an attack upon another person, I could order the attackers to cease whereupon they would swiftly and meekly obey, introduce themselves, then stand looking contrite while awaiting my further instructions. I would be lucky not to be attacked myself.
A civilian may, by virtue of the Criminal Law Act 1967, use ‘such force as is reasonable in the circumstances’ to prevent a crime or help with a lawful arrest of an offender or a suspected offender. This is the ‘reasonable force’ argument often cited, for example, in cases where burglars have been tackled by their homeowner victims during a burglary. The argument is not always successful, as many publicised prosecutions have shown.
However, section 24A of the Police and Criminal Evidence Act 1984 specifically permits a person who is not a police officer to make a citizen’s arrest if they reasonably suspect an ‘indictable’ offence is being or has been committed, i.e., one that may be tried in the crown court. This would therefore mean a serious offence, such as murder, rape, or grievous bodily harm.There is, however, the obvious risk of the civilian being injured by the person or persons they are attempting to arrest.
The person making the arrest must have grounds for suspecting an indictable offence has taken or is taking place. Additionally, the person making the arrest must reasonably believe that it is not practicable for a police officer to make the arrest instead – for example, one simply might not be immediately present. What is ‘reasonable’ depends on the circumstances.
Further, the citizen making the arrest must also have grounds for believing it is necessary to arrest the person in question to prevent them causing physical injury to themselves or to someone else, or to prevent them from suffering physical injury, causing loss of or damage to property, or making off before a police officer can assume responsibility for the person.
There is no formal wording to use when making a citizen’s arrest but the person making it must, as soon as possible, tell the person concerned that a citizen’s arrest is being made and for what suspected offence. The police should also be called as soon as possible.
Reasonable force, i.e., force that is reasonable in the circumstances, may be used to detain a person placed under citizen’s arrest, but this also carries risks. If the force used is deemed unreasonable, criminal charges against the citizen making the arrest, for false imprisonment and/or assault, are possible.
If the suspect refuses to be detained, the police should also be informed of the suspected offence and that the suspect has fled. If a police officer later locates the suspect, who then resists the officer’s arrest, the suspect may be charged with resisting arrest or obstructing the officer in the execution of their duty, an offence that is dealt with in a magistrates’ court.
A citizen’s arrest may not be made for certain offences, known as ‘summary offences’, which, while serious, can only be tried in a magistrates’ court. In addition to resisting arrest, these offences would include threatening or disorderly behaviour and minor motoring offences. A citizen purporting to arrest a person suspected of committing a summary offence could find themselves being sued for unlawful arrest and/or false imprisonment. Worse, they could be prosecuted for assault, and possibly convicted and imprisoned.
When I think of the deplorable, barbaric attacks in the UK in recent years that have been met with the most heroic bravery by ordinary civilians, my micro-intervention in the car park pales into insignificance. I never cease to be astounded by the selflessness of untrained civilians intervening at immeasurable risk to themselves in such atrocities. Most recently, there has been the appalling, vicious attack in south London upon a woman and her children by a man hurling corrosive liquid at them, with those rushing to help also sustaining injury. Attempting a citizen’s arrest in such circumstances would likely be impossible and would carry the obvious risk of severe injury to whomever attempts it.
Some of the heroism from the recent interventions has been honoured with awards for bravery. For example, in 2013 a woman approached one of the attackers of Lee Rigby, the fusilier who was horrifically murdered. The woman spoke with one of the attackers who was still brandishing a bloodied knife. She tried to calm him and prevent any further attack. The woman received several awards for her bravery but has since spoken of how the incident caused her prolonged and severe psychological trauma. Given the obvious risk to herself, this would not have been an instance for attempting to place the attacker under citizen’s arrest.
In countries accustomed to relative peace, an ordinary, untrained civilian typically won’t know how they will react when faced with a terrifying attack on others. To go to their aid is an instinctive, instant reaction – one I certainly hope I would be armed with were I in such a position in the future. However, taking that reaction further to making a citizen’s arrest should not be undertaken lightly, given the risks. Making an arrest is, in the first instance and wherever possible, best left to the police.
This article is for guidance only and does not constitute legal advice. Obviously.
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