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citizens arrest

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Dingerbell4 | 17:35 Sat 07th Oct 2006 | Law
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Hypothetically,-I have just caught a 16 year-old lout after he has thrown a brick through my window or mugged an old lady. Can I use "reasonable-force",to "escort",him down to the Police station and what are the limits of "reasonable-force"
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I think the best thing to do would be to drag him into your garage and give him a bloody good beating.
My dad and uncle did it years ago to some little scumbag who tried mugging my sister. They beat this kid so badly he was out cold for 20 minutes!
After a few hours they drove him about 5 miles to a local park and dumped him there. Needless to say there was no come backs on it.
I think this country would be a much nicer place if everyone followed they're example.
Great reply ! I'd maybe prefix it with "I heared someone did this ...."

Good advice/bad advice - who knows - I wouldn't advise to do so because the offences and consequences of kidnapping, GBH & false imprisonment are far worse than the original mugging incident iin the first place and risks sinking to the depths of the original offender.

If there was a sure fire way of getting away with it though - now that's another argument !!!!
Oh and to answer the original question - if you physically see them do it you can lawfully use minimum and reasonable force to detain the person until the police show up. If you didn't see them - don't bother or you could end up on a false imprisonment charge and you'll find yourself arrested instead of the villain. Reasonable force means if they hit you - hit them back - if they kick you kick them back - a good one is to sit on them or fall on them as they try to run away - let them hit first never be the aggressor and try and get a witness or a firend to help. All this is hypothetical as life isn't always written in black and white !
Before you can make a citizen's arrest, you have to be sure that the maximum penalty for the offence is, or exceeds, 5 years imprisonment. (Theoretically that also applies to the police but the Police and Criminal Evidence Act, together with other legislation, gives the police additional powers which don't apply to the general public). See here:
http://www.bbc.co.uk/crime/law/powersofarrest. shtml

There is no statutory definition of reasonable force but you might find this of interest:
http://www.lawinabox.net/lbnewswire07f.html

It should be noted that some police forces have concerns over the use of 'reasonable force', to such an extent that they have banned Community Support Officers from using it:
http://news.bbc.co.uk/1/hi/england/lancashire/ 4365611.stm

Chris
I've made three and the police have never complained or advised me otherwise always thanked me for my help. If a crime is being committed and there's good chance that that person will escape - I'd grab them every day of the week - I don't think there's a magistrate or jury in the country that would convict you of doing so.
I should be very careful about this, I believe you shouldn't call them 'louts', because they may be offended. Saw it in the paper last week. The world's gone daft!
You can do anything you want providing you can justify it in the court of law.

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