Can being a have-a-go hero land you in trouble with the law?

21st November 2018

Recent footage of police officers being attacked whilst trying to apprehend two alleged criminals has caused outrage within police ranks with Ken Marsh, chairman of the Metropolitan Police Federation, asking the public to stop filming these types of incidents – and to step in and help instead. But can being a have-a-go hero land you in hot water with the law?

What are members of the public allowed to do, and not do, when it comes to apprehending or detaining criminals?

Citizens are encouraged to assist in the prevention and investigation of crime where it is responsibly done and in the public spirit. A citizen may only use reasonable and proportionate force to apprehend or detain a person if there is no possibility of a police officer doing this instead. The purpose is to uphold the law rather than taking the law into their own hands for revenge, retribution or vigilantism.

There is no specific wording to use when making a citizen’s arrest. However you must inform the person you are arresting of what you are doing, why you are doing it, and what offence you believe they have committed as soon as possible. You can only use reasonable force throughout this process, and you should call and deliver the person to the police immediately.

Could someone get into trouble with the authorities for making a citizen’s arrest?

Whilst the courts are sympathetic to citizens acting in the public spirit and exercising their powers and rights, there is the potential for personal prosecution or a civil litigation claim if they are perceived to have overstepped the boundaries of what is reasonable and proportionate. If the powers and rights are used incorrectly, a person could find themselves having to defend a claim for assault, unlawful restraint, wrongful arrest and/or false imprisonment.

Are people allowed to use force to detain someone who is trying to flee?

A citizen may only use reasonable and proportionate force to detain a person if there is no possibility of a police officer doing this instead. The amount of force must be reasonable and necessary, and this will depend on the facts surrounding each individual case. There is a fine line between reasonable force and assault so if a citizen decides to intervene, they would need to do so carefully.

Could someone be held legally accountable if an alleged criminal is injured during a citizen’s arrest?

If an alleged criminal is injured during a citizen’s arrest, there is a risk of personal prosecution for assault or civil litigation for a personal injury claim. It would not be advisable to act alone as the alleged criminal may later accuse you of assault, and it could ultimately become one person’s word against the other. Witness evidence, video or sound recording would be beneficial in these circumstances in case you have to justify your actions to the police or the crown prosecution service.

What is a citizen’s arrest and is it legal?

A person other than a police officer may arrest a person without a warrant in certain circumstances. Section 24A of The Police and Criminal Evidence Act 1984 provides that:

  • Anybody can arrest a person who is committing an indictable offence.
  • Anybody can arrest a person if they have reasonable grounds to suspect that they are committing an indictable offence.
  • Where an indictable offence has been committed, a citizen may arrest anyone who is guilty of the offence or anyone whom he has reasonable grounds for suspecting to be guilty of it.

This power is conditional as long as there are reasonable grounds to believe the arrest is necessary and it is not reasonably practicable for a police officer to make the arrest.

An indictable offence is one that can be tried in a Crown Court, in front of a jury. They are normally the most serious of offences but examples can include substantial criminal damage, robbery and assault occasioning actual bodily harm.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created.

What can you do when a flatmate turns into flat hate?

How to deal with housemate drama? Nicole Rogers, legal adviser at DAS Law, tells prospective flatmates what they need to know.

September 2019 Learn more

More from the DAS Law blog

Employment disputes Employee, self-employed or worker? – The Bitesized Edition

Employment status can be complex if an organisation does not define the relationship with an individual clearly and reflective of the actual relationship in practice.

April 2024
Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024
Employment disputes Do employees get extra pay on a leap year day?

Every four years, many workers find themselves cramming an extra day of work into an already packed year. But are workers in the UK entitled to extra pay for this extra work?

February 2024
Employment disputes How Maternity, Adoption and Shared Parental Leave regulations are changing this year

In this Bitesized Edition, we look at the new Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations, set to come into force on 6 April 2024.

February 2024
Employment disputes 9 things employers need to know about apprenticeships

With National Apprenticeship Week here, we explain what employers need to consider regarding apprenticeship schemes and their legal obligations.

February 2024
Employment disputes How flexible working regulations are changing this year

Amendments to the current flexible working legislation will come into force this year. Any flexible working applications made on or after 6 April 2024 must be dealt with in accordance with the regulations.

January 2024
General advice , Protecting your business 5 things you need to know about missing the self-assessment tax return deadline

With 31 January deadline fast approaching, time is ticking for the UK’s 5.4m tax payers to submit their Self-Assessment tax returns.

January 2024
Employment disputes Holiday Pay Guidance from the Government – The Bitesized Edition

The Government has issued guidance on calculating holiday pay to simplify holiday entitlement for irregular hours and part-year workers.

January 2024
General advice , Motorcycling What to do if the council won’t fix the potholes on your road

Corey Evans, Associate at DAS Law clarifies the legal position around damage caused by potholes and the possible repercussions for those who seek to resolve them themselves.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023