Citizen's Arrest in the UK: Powers, Limits and Real Risk

A "citizen's arrest" is a real legal power in the UK, not just a phrase from films. It also comes with real legal risk. Get the conditions wrong and the person who tried to help can end up the one facing a claim, or even a prosecution, for false imprisonment or assault.

The Power in England and Wales: PACE 1984, s.24A

Section 24A of the Police and Criminal Evidence Act 1984 ("PACE"), in force since 1 January 2006, gives "any person" a power to arrest without a warrant. It is narrower than most people assume.

The offence must be indictable, meaning it is serious enough to be tried at the Crown Court (this includes offences that can be tried either in the Crown Court or a magistrates' court, not only the most serious "indictable-only" crimes, but it still rules out large numbers of everyday summary-only offences). A person can arrest someone who is in the act of committing an indictable offence, or whom they have reasonable grounds for suspecting is committing one. For an offence that is already over, the power applies only where an indictable offence has actually been committed; the person can then arrest whoever is guilty of it, or whoever they have reasonable grounds for suspecting is guilty of it.

That difference matters. If no indictable offence was in fact committed, reasonable suspicion will not make an after-the-event arrest lawful.

Even then, s.24A does not simply switch on. Two further conditions have to be met at the same time.

The Necessity Test: Why Most Attempted Citizen's Arrests Fail It

First, it must appear to the person making the arrest that it is not reasonably practicable for a constable to make it instead. In an age of mobile phones and rapid police response in many areas, this condition is doing real work: if calling 999 and waiting is realistically an option, the practicability condition may not be satisfied at all.

Second, the person making the arrest must have reasonable grounds for believing that the arrest is necessary for one of the specific reasons set out in s.24A(4):

• to prevent the person causing physical injury to themselves or to someone else;
• to prevent the person suffering physical injury;
• to prevent the person causing loss of or damage to property; or
• to prevent the person making off before a police constable can take over responsibility for them.

A citizen's arrest made simply because someone was annoyed, or wanted to make a point, without one of these specific necessity reasons being genuinely in play, is not one the statute protects.

What s.24A Does Not Cover

Section 24A(5) expressly excludes offences under Parts III and 3A of the Public Order Act 1986, which deal with stirring up racial hatred and stirring up hatred on grounds of religion or sexual orientation. There is no citizen's arrest power for those offences, however serious the underlying conduct might feel.

More generally, s.24A only ever applies to indictable offences. A great many minor, summary-only offences, low-level public order matters and most driving offences fall outside it entirely, whatever a bystander might think is fair.

The Real Risk: False Imprisonment and Assault

This is the part most often missed. A citizen's arrest is a serious act: it removes someone's liberty. If the conditions above are not actually met, whether because the offence was not indictable, because the arrest was for an offence that was already over and no indictable offence had in fact been committed, because it did not appear impracticable for a constable to make the arrest instead, or because there were no reasonable grounds for believing one of the necessity reasons applied, the "arrest" is not lawful. The person who carried it out can potentially face a civil claim for false imprisonment, and if force was used, a claim or even a prosecution for assault.

Unlike a police officer, a private citizen who makes a mistaken arrest cannot rely on reasonable suspicion in the same way. A constable can arrest on reasonable grounds for suspecting that an offence has been committed (PACE s.24(2)); a private citizen arresting after the event is covered only if an indictable offence really was committed. Security operatives, door staff and shop employees have no special arrest powers of their own; they hold exactly the same citizen's arrest power as anyone else, with exactly the same conditions and exactly the same exposure if they get it wrong.

Northern Ireland: Article 26A

Northern Ireland runs a closely parallel system. The Police and Criminal Evidence (Northern Ireland) Order 1989, Article 26A mirrors the England and Wales power almost exactly: the offence must be indictable (and, for an offence that is already over, must actually have been committed), and the person arresting must have reasonable grounds for believing the arrest is necessary for the same kind of reason (preventing injury, preventing loss of or damage to property, or preventing the person making off), with the same requirement that it appear to them that it is not reasonably practicable for a constable to act instead. Article 26A should not be confused with Article 26, which is the separate power of arrest held by police officers themselves.

Scotland: Common Law Only

Scotland has never had a statutory citizen's arrest power equivalent to s.24A, and none should be assumed. The position instead rests on common law. A private citizen in Scotland can generally make an arrest only where a genuinely serious crime, of the kind that would ordinarily be tried at a higher level such as the Sheriff Court or High Court, either happened in front of them or was committed against them. Examples of the kind of offence this covers include assault, robbery, housebreaking, theft and drugs offences.

Where an arrest is justified, the person making it should use no more than reasonable and necessary force, and must hand the arrested person over to the police as soon as possible, along with any evidence such as witness details or footage. As in England and Wales, a wrongful or excessive Scottish citizen's arrest can expose the person who carried it out to a civil claim.

What to Do Instead of Attempting an Arrest

In almost every situation, calling the police and giving them a clear, safe description of what happened is the lower-risk course of action. Personal safety comes first: no piece of legislation requires anyone to physically confront a suspect, and few situations genuinely satisfy the narrow necessity conditions above. Where a citizen's arrest is attempted, using witnesses, avoiding more force than is strictly needed, and handing the person to police without delay all reduce, though do not eliminate, the legal exposure involved.

This guide explains the citizen's arrest power in general terms. It is not legal advice, and it is not a substitute for professional advice about an actual incident. Anyone who has made, or been subject to, a citizen's arrest should speak to a solicitor. For related rights, see our guides to self-defence and reasonable force and UK knife laws, or the wider UK Criminal Law hub.

Frequently Asked Questions

Can anyone in England and Wales make a citizen's arrest?

Yes, but only within the narrow conditions in PACE 1984, s.24A: the offence must be indictable (and, if it is already over, must actually have been committed), it must appear to you that it is not reasonably practicable for a constable to make the arrest instead, and you must have reasonable grounds for believing the arrest is necessary to prevent injury, prevent loss of or damage to property, or stop the person making off.

What happens if I get a citizen's arrest wrong?

You can potentially face a civil claim for false imprisonment, and if force was used, a claim or prosecution for assault. Private citizens do not have the same legal protection as police officers when an arrest turns out not to have met the statutory conditions. In particular, if you arrest someone for an offence that is already over and no indictable offence was actually committed, reasonable suspicion will not protect you.

Can I make a citizen's arrest for a minor offence like shoplifting a low-value item?

Only if the s.24A conditions are met. In England and Wales, shoplifting goods worth £200 or less is normally tried in a magistrates' court, but PACE treats it as an indictable offence, so the power can apply. If the theft is already over, it must actually have been committed, and the necessity and practicability conditions still apply. Many low-level and summary-only offences fall outside the citizen's arrest power altogether, regardless of how serious the conduct feels.

Is the citizen's arrest law the same in Northern Ireland?

It is very close. Article 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 mirrors the England and Wales power, requiring an indictable offence (which, for an offence already over, must actually have been committed), reasonable grounds for believing the arrest is necessary, and that it appear to the person arresting that it is not reasonably practicable for a constable to act instead.

Is there a citizen's arrest statute in Scotland?

No. Scotland has no equivalent legislation. The position is governed entirely by common law, which generally allows an arrest only for a serious crime that was witnessed or committed against the person making the arrest, using reasonable and minimum force.

What should I do instead of trying to arrest someone myself?

In almost all situations, calling the police and providing a clear, safe account of what happened is the lower-risk option. Personal safety comes first, and the narrow necessity conditions for a lawful citizen's arrest are rarely satisfied when calling for help is realistically possible.

Do shop staff or security guards have stronger arrest powers than an ordinary member of the public?

No. Security operatives and shop staff hold exactly the same citizen's arrest power as any other member of the public, subject to the same conditions and the same legal risk if the power is used incorrectly.