QLD Criminal Code - Unable to Arrest People as a Citizen?

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Maldouglas

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28 September 2018
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Hi all,

I owned/operated a security firm in NSW for many years. During my career, I arrested several offenders. I have since retired and moved to QLD. I found myself in a situation where police were failing to act in relation to Hooning offences (evidence handed to the Crime and Corruption Commission).

As a result of relentless offending, I detained two individuals myself (so much for retirement) for 3 type 1 and 3 type 2 hooning offences (all offences were recorded, video and audio). The police let them go with a warning stating there was nothing they could do (separate issue, being addressed). However, the problem arose when the responding officer stated that I had no lawful right to detain them. Chapter 58 of the Queensland Criminal code allows the arrest of a person in the act of committing an offence (it states more but I will relevant).


I mentioned this to the officer and he responded by saying no, not for a traffic offence. Now I have re-read the act, spoken to legal council (told them it was me that had hooned, was arrested by a member of the public). They told me it was lawful, as I suspected. I then had a meeting with an Inspector. The inspector agreed with his officer and went further to state "you cant arrest a person as a citizen, that is an American thing". He also stated, "a security officer cant even arrest a person guilty of shoplifting, it is up to the DPP".

Can I get some opinions here on this? Again, I moved from NSW, different legislation but same in nature. I do have a background in this and I am of the opinion I am right. A person who is not a police officer may arrest a person (citizens arrest) in QLD (providing it its done correctly/in accordance with the Criminal Code). CCI spoke to a security officer in a store in QLD. He stated he had arrested several shoplifters that had been to court and found guilty/sentenced. He also stated that he was not surprised as the lack of knowledge it seems to be a trend with local police. .

Thank you all in advance, I am not in any trouble, just sick of the police failing to carry out their duties and my lawful rights being oppressed. Would love to get some feed back.
 

Rob Legat - SBPL

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16 February 2017
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I'm no criminal lawyer, so take this with a grain of salt.

I'd suggest you read this: Citizen’s Arrest

A 'citizen's arrest' can be made in certain circumstances (as you point out). The general requirement is that it has to be an offence for which a warrant is not required. Knowing what does and doesn't need a warrant is technical. But, there are some 'tricks' to it.

For example: the Type 1 and Type 2 offences under the hooning laws actually encompass a range of items. In type 1, for instance, covers having a road race and it also covers someone being physically harmed due to negligence. The former is not an offence for which an arrest can be made without a warrant (I think - could be wrong), but the latter is (s328 of the Criminal Code).

However, s365 of the Police Powers and Responsibilities Act allows arrest without a warrant in connection with any offence for a number of purposes, including: preventing the continuation/repetition, to obtain/preserve evidence, preserve the safety or welfare of any person, because of the 'nature and seriousness of the offence'.

The problem is where you get it wrong. Deprivation of liberty is punishable by imprisonment for up to three years, and there's also the possibility of assault charges and upwards.