Powers of Arrest and Apprehension Flashcards

Under the WA Criminal Code, what type of offence must be occurring for a citizen's arrest to be lawful?

Answer: Only an indictable offence (a serious criminal offence)

Citizen's arrest powers are limited to indictable (serious) offences such as assault, theft, and break and enter.

After making a citizen's arrest, how quickly must the arrested person be handed to police?

Answer: As soon as practicable without unnecessary delay

The arrested person must be delivered to police as soon as practicable, without unnecessary delay.

What is the key difference between detention and arrest in security operations?

Answer: Detention is brief holding, while arrest involves formal custody with intent to hand to police

Detention is a brief restriction of movement, while arrest involves taking custody with intent to deliver to police.

A security agent arrests a shoplifter who then becomes physically ill. What is the agent's duty of care?

Answer: Provide first aid, call for medical assistance if needed, and inform police of the medical situation

The agent has a duty of care requiring first aid and medical assistance when needed.

Can a security agent use handcuffs or restraint devices when making a citizen's arrest in WA?

Answer: Only if force is reasonable and proportionate, and restraint is necessary to prevent escape or harm

Restraint devices may only be used if reasonable, proportionate, and necessary to prevent escape or harm.

A security agent witnesses vandalism to a building. What should they consider before making a citizen's arrest?

Answer: Whether the offence is indictable, whether arrest is necessary, whether it is safe, and whether reasonable force suffices

Consider whether the offence is indictable, necessity of arrest, safety, and proportionate force.