It appears that I'm not the only one doing a lot of research into ancient laws and statutes. Three Labour MPs are planning to use the much abused 1689 Bill of Rights to stop a court of law analysing their expenses.
I shall be watching intently how they intend to overturn the law of the land in their favour.
Devine, Morley, Chaytor. Mind your backs
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
A citizen's arrest (officially called an "any person arrest") is permitted to be made on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence, including either way offences (in this section referred to simply as "an offence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:
- Anyone who is without doubt in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence, and
- Where an offence has been committed without doubt, anyone who is without doubt guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it
In order for the arrest to be lawful, the following two conditions must also be satisfied:
- It is not reasonably practicable for a constable to make the arrest instead
- The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
- The person causing physical injury to himself or others
- The person suffering physical injury
- The person causing loss of or damage to property
- The person absconding before a constable can assume responsibility for him