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.
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.