The perils of a citizen's arrest

• Sets out the legal pitfalls for those attempting a citizen’s arrest.
• Suggests it is time the law on citizen’s arrests was reformed to better protect citizens, security guards and store detectives.

In light of growing concerns among small and large retailers alike that shoplifting has reached epidemic proportions, the Minister for Crime, Policing and Fire, Chris Philp MP was reported as suggesting at a Conservative Party Conference fringe event this year that one way to tackle the problem may be to make more use of citizen’s arrests. It is a moot point whether this would help to capture or deter potential perpetrators. However, making a lawful citizen’s arrest is by no means a straightforward exercise due to the current state of the law. In the discussion which follows, the legal position will be explained and the pitfalls highlighted.

Arrest

Arresting a person involves depriving them of their liberty (as protected under Art 5 of the