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ARTICLE · 04 JANUARY 2021

Citizens Arrest: What is it? When is it applicable?

A citizen's arrest can be made when a member of the public witnesses a crime but no police officer is available.

AustraliaCriminal Law

A citizen's arrest can be made when a member of the public witnesses a crime occurring and no police officer is available to apprehend the offender.

In Victoria, this power can be found in section 458 of the Crimes Act 1958 (Vic).

The beginning of what is known as a citizen's arrest is said to have commenced in medieval England, where members of the community were encouraged by the authorities to detain alleged offenders.

Other sources however claim this concept began in America during the Civil War.

In England, citizens of England were permitted to effect a citizen's arrest. Subsequently, it became simply residents and now that is how it is generally accepted.

In England and Wales, the term 'citizen's arrest' was replaced with what is called an 'any person arrest', which is governed by section 24A (2) of the Police and Criminal Evidence Act 1984.

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