Recently it was reported that citizens attended a home in Rockhampton of two youths alleged to be involved in crime, while in Northern Beach a community notice was posted advising a community enforced curfew for local youths to deter youth crime. This vigilante activity is the result of the youth crime increases in Northern Queensland and the frustration of locals who have decided to act. But how does vigilantism or specifically performing a citizen’s arrest work and what about the legal logistics?
Originating in medieval England, members of the community were encouraged to aid law enforcement and authorities to detain offenders. Today a similar but limited power for “a person to perform an arrest on another person” exists pursuant to chapter 58 of the Criminal Code 1899 (Qld) which stated state that:-
- Section 546(b) – a police officer may request help to make an arrest;
- Section 546(d) – a person is found committing an offence or is reasonably believed to have committed an offence;
- Section 547A – a person on a plane has committed, is committing, or is about to commit, an offence affecting the use of the plane;
- Section 550 – a person is found fleeing authorities after committing an offence; and
- Section 551 – a person offers to sell, pawn or deliver stolen property.
Essentially a person may preform a citizen’s arrest if they find another committing an offence or when an offence has been committed. However, when enforcing a citizen’s arrest, a person must observe and consider the following:-
- Sections 549 and 550- that the person has committed a crime or was in the process of committing the crime;
- Section 552 – after enacting the arrest, the person must be delivered to a police officer, station or the proper authority without delay; and
- Section 260 – only reasonable force must be used.
When things go wrong…
Not all persons subjected to a citizen’s arrest are charged and/or convicted of the alleged crime. A civil action is available against the person who made the arrest including unlawful arrest, false imprisonment, assault and any injuries sustained during the citizen’s arrest.
In serious cases a person subjected to excessive force during a citizen’s arrest may contribute to the death of the person. In serious cases a person subjected to excessive force during a citizen’s arrest may contribute to injury or death of the person. Persons performing the citizen’s arrest are liable for both criminal and civil proceedings.
In 2015, an inquest was held for the death of Neville Royston Reading where a group of men performed a citizen’s arrest. Mr Reading subsequently died from a heart condition which occurred while he was restrained. While the State Coroner, Terry Ryan noted that the death was not foreseeable, it was clear that the continued application of force to restrain Mr Reading on the ground facedown was unnecessary.
A word of warning
Queensland Police have repeatedly cautioned against citizens participating in vigilantism, instead advising people to ring triple-0, Crime Stoppers or local police instead of intervening themselves. Disregarding this advice exposes a person to the following risks:-
- to their own personal health and safety
- of being sued by the person in a civil proceeding
- of being charged for a criminal offence
As mentioned earlier the citizens who attended the Rockhampton property now been arrested and charged with trespass for entering the property.
If you required advice more information, please contact our experienced and dedicated solicitors at Macrossan & Amiet Solicitors.
