fmrPOSTIE wrote:Despite the myths IB do not have;
Warrant cards
Handcuffs
Powers of Arrest
Powers of Entry
They don't have any SPECIAL powers of detention or arrest beyond those applicable to everyone. Or in simple terms a Citizens Arrest is their limit.
The statutory power of any member of the public in
England and Wales to detain someone they consider to be involved in criminal activity is to be found in section 24A of the Police and Criminal Evidence Act 1974. A person "other than a constable" may arrest without a warrant anyone:
Who is in the act of committing an indictable offence; or whom the person has reasonable grounds to suspect is committing an indictable offence.
An indictable offence is one that can be tried in a crown court, in front of a jury.
Such an arrest can only be made if it does not appear reasonably practicable for a police constable to make the arrest instead, and if the person making the arrest has reasonable grounds to believe that such an arrest is necessary to prevent the person being arrested from: (a) causing physical injury to himself or any other person; (b) suffering physical injury; (c) causing loss of or damage to property; or (d) making off before a constable can assume responsibility for him.
A civilian also has a broader (if somewhat vaguer) common law (i.e. judge-made) power of arrest where there is a "breach of the peace", which itself is not really a crime, but can be said to occur whenever harm is actually done or is likely to be done to a person or, in his presence, to his property, or where a person is in fear of being harmed through an assault, affray, riot, unlawful assembly or other disturbance.
A civilian may conduct an arrest in these circumstances if: (a) a breach of the peace is committed in his presence, (b) the person effecting the arrest reasonably believes that such a breach will be committed in the immediate future by the person arrested, or (c) a breach of the peace has been committed or the person effecting the arrest reasonably believes that a breach of the peace has occurred and that a further breach is threatened.