Citizen’s Arrests (Vic)

While the vast majority of arrests are carried out by the police, there are some limited circumstances where a member of the public has the authority to arrest another person. This is known as a citizen's arrest. In Victoria, the situations where a citizen's arrest can be carried out are set out in the Crimes Act 1958. Understanding these laws is crucial for Victorian residents who may find themselves witnessing criminal activity or considering intervening in dangerous situations. This page deals with citizen's arrests in Victoria and provides comprehensive guidance on when and how they can be lawfully executed.

What is a citizen's arrest?

A citizen's arrest occurs when a person who is not a police officer, lawfully arrests another person. A person does not actually need to be an Australian citizen to carry out a citizen's arrest. They need only have reasonable grounds for thinking the arrest is necessary to prevent an indictable offence from being committed, or to bring about the arrest of a person who has committed an offence.

Key Elements of a Lawful Citizen's Arrest

A person carrying out a citizen's arrest must deliver the person arrested into police custody without delay. They must only use as much force as is reasonably necessary to carry out the arrest and they must provide the police with information about the reasons for the arrest. The arrest must be based on reasonable belief rather than mere suspicion, and the person making the arrest must be able to articulate the specific grounds for their actions.

Definition Under Victorian Law

Under Victorian legislation, a citizen's arrest is legally defined as the apprehension of a person by someone other than a police officer, security guard, or other authorised official. The power derives from common law principles that have been codified in the Crimes Act 1958, which outlines the specific circumstances and procedures that must be followed to ensure the arrest is lawful.

When can a citizen's arrest be carried out?

Under section 458(1) of the Crimes Act 1958, a person may arrest a person they find committing an offence where they believe on reasonable grounds that this is necessary:

• To ensure the person's attendance at court;
• To preserve public order;
• To prevent the continuance or repetition of the offence;
• For the safety or welfare of the public or of the offender;

Additional Circumstances for Arrest

A person may also arrest a person under this section where they are instructed to do so by a police officer, or where they believe that the person is escaping lawful custody, aiding someone else to escape lawful custody or avoiding apprehension by a person with authority to apprehend them.

Under section 462A of the Crimes Act 1958, a person may use reasonable force to prevent the commission, continuance or completion of an indictable offence or to carry out or assist in the lawful arrest of a person committing or suspected of committing an offence.

Special Circumstances

Under section 463A of the Crimes Act 1958, a person on board and in command of an aircraft may arrest a person for an offence affecting the use of the aircraft. This provision recognises the unique circumstances of air travel where immediate police intervention is not possible.

Types of Offences That May Justify Citizen's Arrest

Indictable Offences

Citizen's arrests are primarily justified for indictable offences, which are more serious crimes heard in higher courts. These include theft, assault, burglary, drug trafficking, and violent crimes. The severity of these offences justifies the intervention of private citizens when police are not immediately available.

Summary Offences

For summary offences, which are less serious matters typically heard in the Magistrates' Court, the threshold for citizen's arrest is higher. The person making the arrest must demonstrate that one of the specific grounds under section 458(1) of the Crimes Act 1958 is met, such as preventing continuation of the offence or ensuring public safety.

Proper Procedures for Conducting a Citizen's Arrest

Before Making the Arrest

Before attempting a citizen's arrest, individuals should assess the situation carefully. They must have witnessed the offence being committed or have reasonable grounds to believe an indictable offence is about to occur. It's essential to consider whether intervention is safe and whether the circumstances truly justify arrest rather than simply calling police.

During the Arrest

When making a citizen's arrest, the person should clearly state that they are making an arrest and the reason for it. They should use only the minimum force necessary to detain the person and avoid any actions that could be seen as assault or excessive restraint. Documentation of the circumstances, including taking photos if safe to do so, can be valuable evidence.

After the Arrest

Once the arrest is made, the person must contact police immediately and arrange for the arrested person to be handed over to police custody without delay. Any delay in transferring custody to police could result in the arrest becoming unlawful. The person making the arrest should be prepared to provide a detailed statement to police about the circumstances.

Unlawful citizen's arrests

Carrying out a citizen's arrest comes with risks. These arrests usually happen unexpectedly and without prior planning and the person doing the arrest generally does not have experience or training in handling such situations. There are a number of potential adverse consequences that can follow carrying out such an arrest.

False Imprisonment Consequences

Firstly, if a citizen's arrest is carried out without the power to do so, this amounts to false imprisonment. False imprisonment is the unlawful restraint of a person within a confined area without authority. If this occurs, the person arrested may sue the arrestor for the tort of false imprisonment. The arrestor may also be charged with the criminal offence of deprivation of liberty.

Excessive Force and Assault

Secondly, if the arrest was carried out using more force than was reasonable in the circumstances, the person arrested may take civil action against the arrestor for a tort such as assault, battery or negligence. The arrestor could also be charged with a criminal offence such as assault. What constitutes "reasonable force" depends on the circumstances, including the seriousness of the offence, the size and apparent dangerousness of the offender, and the availability of alternative means of detention.

Procedural Failures

If the arrestor fails to deliver the person into police custody without delay or subjects them to unnecessary humiliation or degradation, this could also lead to civil or criminal action being taken against them. Additionally, failing to properly identify oneself or explain the reason for arrest can render an otherwise lawful arrest unlawful.

Frequently Asked Questions

Can I make a citizen's arrest for shoplifting in Victoria?

Yes, you can make a citizen's arrest for shoplifting if you witness the theft occurring and believe on reasonable