Can We Not Make Citizens Arrests Anymore?

[sandyRoe]

A farmer arrested two trespassers on his farm, hog tied them, and drove them to the police station.

Now he's been arrested!

What's the world coming to?

[sandyRoe]

https://www.dailymail.co.uk/news/article-13993399/Farmer-52-hogties-trespassers-quad-bike-like-rabbits-drives-police-station-arrested.html

[Atheist]

https://www.workingthedoors.co.uk/trespassing-laws/

"Trespass to land involves a person encroaching upon another’s land that does not belong to them (without an invitation or after an invitation has been formally withdrawn). In cases such as these, the private land owner or their representative is instructed to take preventative measures against the trespasser(s).

These measures can include putting up signs explaining that the area is not open to the public or erecting walls around the area to keep people out, but local authority does have the power to remove any wall or fence bordering a public highway if it thinks it could pose a danger to highway users.

"It may also include verbally warning trespassers that they are violating private property or, in cases or repeated violations, obtaining an injunction against the trespasser that threatens legal consequences should the infractions continue.

If the trespasser is violent, reasonable force may be used to restrain them."

I don't know what are the circumstances of the case you cite.

[netherfield]

It's a disgrace.

 

[Atheist]

From "Ask the Police"

"This area of law is very complex and the following is only basic guidance. The law states that:

Any person can arrest a person who is in the act of committing an indictable offence or

Anyone whom he reasonably suspects to be committing such an offence, if

it is not reasonably practicable for a constable to make the arrest instead and

there are reasonable grounds for believing that the arrest is necessary, for one of the following reasons:

To prevent the person in question:

causing physical injury to himself or any other person;

suffering physical injury;

causing loss of or damage to property; or

making off before a constable can assume responsibility for him.

There a few points to note about the above paragraph.

1. What is an indictable offence?

An indictable offence is an offence that can be tried at Crown Court. Below are examples of indictable offences which are the most likely to be encountered by members of the public:

theft

burglary

criminal damage."

 

[DDIL]

What he did is not a citizens arrest!

He should have contacted the police after the trespassers left the night before.

He is a moron if he thinks hogtying them to his quad bike and then driving down  a main road with them on the bike is acceptable.

[barry1010]

Why would the police respond to straightforward trespass? It's not a criminal offence 

[DDIL]

Because they left vehicles behind with a view to returning the following day

[barry1010]

Still not a criminal offence. Police don't respond if vehicles are parked/abandoned on private land unless they are stolen or used in other crime

[DDIL]

If they were causing damage to the field the night before and left their vehicles, then that is a crimial offense

[barry1010]

Surely the farmer broke a few laws riding his quad bike with unsecured, hog tied passengers flung over it

[barry1010]

That's why I said straightforward, simple trespass.  There is no mention of criminal damage.

They left their bikes because the farmer had locked the gate.  They would have had to break out

[DDIL]

As usual we only get half the story its possible it is a criminal offense of damage whilst trespassing or it could just be a civil matter.

[Ken4155]

Isn't the farmer guilty of kidnap, or false imprisonment?

 

[netherfield]

He didn't imprison anyone if he took them to the police station.

[jackthehat]

While his actions are probably understandable, what he did went far beyond a citizens arrest.

Given the litigious times in which we live, I anticipate that the farmer will find himself on the wrong end of a compensation claim/lawsuit.

[ToraToraTora]

I love it, set up a crowd fund, the worlds's gone radio rental.