To affect a citizen's arrest you must use clear words and state the reason for your action.Examples of suspicion include: The theft protection buzzer sounds as someone exits the store a person has spent an inordinate amount of time browsing and is consciously avoiding assistance.
Suspicion means you have indirect evidence the customer has committed an offence.An obvious example of 'reasonable grounds' would be if you were to actually see a customer take an item from a store shelf, put it into their pocket and then walk out of the store with that item, thus indicating a clear intention to not pay for it, and therefore steal it. Reasonable grounds means you have direct evidence that 'constitutes belief' that the person has committed an offence.You may place a person under citizen's arrest if you believe on reasonable grounds they have committed an offence or are in the course of committing such an offence.General guidelines about powers of arrest You are legally required to inform the person why you have detained them, unless the suspect's actions make it impractical to inform them. A person who arrests another person shall, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a police officer.A person who is NOT a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence.The legislation that allows you, in appropriate circumstances, to make a citizen's arrest, states: The legislation that defines a citizen's powers of arrest You must also consider whether the circumstances constitute 'reasonable grounds' for making a citizen's arrest and your basis for forming a belief an offence is or has been committed. If you answered 'Yes' to any of these, do not detain the suspect and contact ACT Policing on 131 444.
are they a 'regular customer' or known to the store?.do you have positive identification for the person?.You must carefully consider a number of factors, including: You should never make a citizen's arrest merely on suspicion a person is committing or has just committed an offence. Factors to consider before making a citizen's arrest Tips to improve your personal safety when detaining a personĪ citizen's arrest is when you, as someone who is not a duly sworn police officer, detains a person because you know the other person is committing or has just committed an offence such as a theft, assault or criminal damage.General guidelines about powers of arrest.
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