John Smith wrote on Mar 28^th, 2016 at 11:26am:

Dont keep proving yourself an idiot, we already are aware of that fact. if its easy to break someones neck unintentionally as many people in wheelchairs would testify then why would it be difficult to break it intentionally?

Ajax wrote on Mar 28^th, 2016 at 10:41am:


The home intruder doesn't look like a small man from the photos I have seen so it's absurd to claim it's unfair because of two on one considering the homeowner suffered facial injuries.

The citizens arrest laws gave them every right to detain him until police arrived, can anyone cite any exceptions to citizens arrest laws that say you cannot chase a criminal who broke into your home and assaulted you into the street or limiting it to a single person to detain a criminal?

Ajax wrote on Mar 28^th, 2016 at 11:04am:


You do not break somebody's neck unless you twist very violently whilst in a headlock. That would be intentional.

John Smith wrote on Mar 28^th, 2016 at 11:26am:

Dont keep proving yourself an idiot, we already are aware of that fact. if its easy to break someones neck unintentionally as many people in wheelchairs would testify then why would it be difficult to break it intentionally?

'citizens arrest' is a misnomer. no such permission exists. In general there is the ability to restrain an offender, but you could be charged with asasult if you hurt the person and if they are innocent or the offence deemed trivial you can be charged.  you never havt the actual legal right to 'arrest' as this is the sole province of sworn officers.

he legislation that defines a citizen's powers of arrest
The legislation that allows you, in appropriate circumstances, to make a citizen's arrest, states:

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.
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.
You are legally required to inform the person why you have detained them, unless the suspect's actions make it impractical to inform them.

General guidelines about powers of arrest
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.
Reasonable grounds means you have direct evidence that 'constitutes belief' that the person 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.
Suspicion means you have indirect evidence the customer has committed an offence. 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.
To affect a citizen's arrest you must use clear words and state the reason for your action. Note: To say "I am detaining you" is preferred to "I am arresting you." This is not a legislative requirement, simply a more accepted term, especially if the matter is later considered in the courts. You are also required to tell the person ‘detained’ the reason or offence that you are detaining them for.
In the case of theft, it will be easier to prove that their intention was to commit an offence if you wait until they leave the premises. For offences like assault or criminal damage you do not have to wait until the person has left the business premises before detaining them.
The customer is under no obligation to answer any questions you may ask, but any questions they do answer should be taken down in writing and may be used in court.
The customer is under no obligation to give their name and address to you.