(who is not a police officer) perform a citizens arrest on a uniformed police officer for an arrestable motoring offence?

(Theoretical question only)

C

 

Give it a try and let us know how long you got for assault !

 

StuartH ??

Any thoughts....?

 

Don't see why not, but it is definitely legal to flick him the bird and run away.

My mate in the pub told me etc......

 

Butterworths Police Law says (page 47):

"Section 24(4) and (5) of the 1984 Act provides that _any person_ may arrest without warrant:

(a) anyone who is _in the act of committing_ and arrestable offence; and
(b) anyone who he has reasonable grounds for suspecting _to be committing_ such an offence"

.. and goes on to say that a _constable_ can do similar if he _suspects_ that and arrestable offence has been committed.

Thus it seems that Joe Public *can* arrest a Police Officer if he (or she) is committing (or has committed) an arrestable offence (but Plod can do so before the event).

There is also a "Power to arrest at common law" whereby _anyone_ can arrest someone for "breach of the peace" before, during or after the event (but this must be in the presence of the arrestor).

Lots of complications (like armed forces personnel etc.), so don't treat this as law ('cos i ain't qualified).

mb

 

No way, we pay people to do things like that.

Oh, umm... errr.. yeah.

You'd have to be a real tool to even think about it though, let's be honest. After all these people have a job to do and we should be thinking how we can help, rather than hinder surely.

eg. Would I clamp a fire engine on double yellow lines if I couldn't see any fire?

 

Ca - you mean like being drunk in a pub car park with your car keys in your pocket?

 

Hello All,

It was a theoretical question honest. I remember this cropping up on my ISP a few years ago and no one really answered it.

Cheers,

C

 

StuartH
Any comments on this?

 

Definately an interesting query!!!

 

I would say, just make sure your bigger than they are oh and have better lawyers

David