Who is your Neighbourhood Policing contact?
LOCAL NEIGHBOURHOOD POLICE CONTACT DETAILS:
RETAIL SECURITY
INFORMATION PACK
Assistance in dealing
with offenders
It is the aim of the
Crime Prevention Team
to assist in the reduction
of crime.
For further details contact
GMP DESIGN FOR SECURITY
Tel: 0161 856 5912
Email: [email protected]
Web: www.designforsecurity.org
There will be occasions
when offenders must
be detained and this
information will aid that
process.
USEFUL CONTACTS
POLICE (Emergency): 999 POLICE (non-emergency): 101. www.gmp.police.uk
Only call 999 when there is a threat to life or a crime in progress
CRIMESTOPPERS: 0800 555 111 - www.crimestoppers-uk.org
You can always give information on suspicious activity anonymously
through the charity Crimestoppers
HOME OFFICE: www.homeoffice.go.uk
Crime prevention and statistics
POLICE UK: www.police.uk
Crime figures for your area
VICTIM SUPPORT UK: 0845 456 8800 - www.victimsupport.org.uk
Provides free and confidential support through trained volunteers to
help if you are the victim of crime
MASTER LOCKSMITH ASSOCIATION (MLA): 0800 783 1498
Visit www.locksmiths.co.uk
for details. The MLA recommends approved locksmiths that work to high
standards using high quality products for locks and hardware
IMMOBILISE: - www.immobilise.com
The UK’s national property database helps police identify the owners of lost
and stolen property. To register your valuables for free online
SOLDSECURE: - www.soldsecure.com
Range of security products tested for a variety of purposes, from vehicle
security to leisure equipment, home and office, and protecting valuables
NATIONAL SECURITY SYSTEMS INSPECTORATE (NSI) for Alarms & CCTV
www.nsi.org.uk Tel: 01628 637512
SECURITY SYSTEMS & ALARMS INSPECTION BOARD (SSAIB) for Alarms & CCTV
www.ssaib.co.uk Tel: 0191 296 3242
BRITISH SECURITY INDUSTRY ASSOCIATION (BSIA) for security companies
www.bsia.co.uk Tel: 01905 21464
CARD FRAUD WATCH website: www.cardwatch.org.uk
27
NOTES
CONTENTS
26
1
Offender Check List for
Store Management and
Security Staff
2
Means of Offender Disposal
3
Definitions and Powers of Arrest
4
Evidence and Witness
statement requirements
5
Crime Reduction Re-evaluation
• Always ensure that till staff are aware of hidden goods in items such as
push chairs, shopping trolleys, shopping bags and ensure the shopping
trolley is empty. If they are suspicious of unusual clothing then do not be
afraid to call a supervisor of guard.
• Be aware of store procedures to ban persistent offenders or suspected
offenders from your store.
• Do not discount the benefits of Business Watch Schemes, sharing
information and even resources can be a great advantage.
• The Local Neighbourhood Police Team will be pleased to provide the
necessary advice with regards to Watch Schemes.
25
spending an unusual amount of time in the store should be approached
and offered assistance. Staff training is important to achieve a standard of
service.
It is important that a potential thief is aware that there is no weakness in the
standard provided or the behaviour expected from different employees.
Customer Service Skills
Although there is no stereo-typical shoplifter, it is worth making all staff
aware of behaviour which may be suspicious. They may all be innocent, but
may be used to alert interest.
Note the following;
• They spend more time watching the staff than shopping.
• Wear bulky or heavy clothing which is not appropriate for the weather
• Walks in a manner which suggests they are concealing something
• Appears nervous and picks up random items but shows no interest
• Enters the store frequently buying nothing or very little
• Larger than usual groups enter the store and cause minor disturbance
which distracts the staff.
Trolley collectors and car park supervisors may be utilised in reducing crime,
they could be made aware of regular offenders and crime types. The type of
duties they are normally engaged in gives them the time and ability to be
vigilant in other areas.
• Ensure that your staffing requirements are adequate in order to deal
with thieves who like to take advantage of busy periods, or others
who take advantage of shift changes, opening and closing times.
• Try to greet or acknowledge or greet customers, let them know you
are aware of their presence
1
Offender
Check List
for Retailers
This section is intended
to ease the process of
dealing with an offence
and offender and avoid
missing important points
• Be focussed and on guard when larger than normal groups enter the
store, have a code in order to alert other members of staff.
• Always approach any person who may appear suspicious and offer to
help them, look them in the eye and ensure they are aware that they
are being watched.
• Train staff to be alert in regard to tag swapping or altering.
24
1
1. Ensure that a crime has been committed, (refer to the Definitions )
attractive items which are poorly located will be the focus of attention.
2. Call the police on 101 and report the crime.
Part of the evaluation may include narrowing the times or days these items
are taken.
You will either be transferred to an officer to take details from you, or
someone will ring you back to take the details over the telephone. You will
be given an incident number when you make your report. Be clear that the
call takers aware whether a suspect has been detained or not, this will affect
your placement as a call priority.
3. Please make sure you have completed the following check list before a
police officer attends. This could result in the officer not being
able to complete the report. Keeping good notes and adhering to
guidelines will increase the chances of a successful prosecution.
Retailers
n Ensure that the witness is on duty when the officer attends or have
accurate contact / availability details.
n The officer will be able to view the incident on CCTV (if applicable)
n A copy of CCTV is made available for the officers to take with them to the
custody office.
n This will ensure that the best evidence is captured and the investigation
can go ahead quickly and efficiently.
Witness – Core Information to be Included in a Police Statement
This is a reminder, for comprehensive details of all information required to
complete a prosecution, refer to the section on ‘Witness statement
Requirements’.
n Have details of what you saw and actions you undertook, as a result of
your observations. Include times etc. Note whether or not the suspect ever
left your line of view. (notes may be used when making a statement
and at court)
n Have details of any conversation between yourself and the suspect,
including clear reasons for your actions and indications that you have
been understood.
n Identify, list and secure any items subject of the offence. Ensure any
property is made available for the officer to view. Taking a photograph
of the items is always worthwhile as the Officer will not often remove the
items subject of the offence.
n You will need to note the time you called the police and time of arrival
and the identity of the Officer.
2
E.g. thefts between 3pm and 4pm will point towards students or school
children.
It may also be worth looking at the vicinity of the store and any other
attractions to the area. E.g. Doctors Surgery or Chemist. (Dispensing drugs)
Improved lighting should always be considered. Always pay attention to the
lighting within the store, improving the aspect (as note 1) will assist in this
regard. There should be even high resolution lighting throughout the public
area of the store, advise that no dark corners or recesses should exist which
would be attractive to a thief.
Ensure that the lighting at the pay station is such that mistakes or crimes
with regards to bank notes are not aided by the lighting.
The existence of a permanent UV light at the pay point may provide a
deterrent to that intent on fraud.
Should c.c.t.v. be in use, check the placement and view of the cameras, such
systems should be a deterrent, check signage and the placement of a monitor
easily seen by customers. The most efficient use of C.C.T.V. is to ensure that
visitors are aware of it s existence, signage and monitors are as effective as
the camera systems themselves. Examine the monitor position and quality,
also view a copy of footage recorded on the system. Check that the
requirement of 14 days minimum storage and approx real time recording is
in place. (Detailed advice on a system should be referred to the Divisional
Crime Reduction Specialist.)
Signage for the ‘Prosecution of Thieves’ and the existence of ‘c.c.t.v.’ should
be prominent. A legitimate customer will not object to a sign at the front
door advising that ‘Thieves will always be prosecuted’. A sign may also
include a requirement with regards to a dress or conduct which has caused
previous problems. (E.g. A requirement to remove caps or hoods) A sign may
avoid personal confrontation with a staff member and will indicate that
standards of behaviour are being monitored.
Staff not engaged at the checkout should be trained to spend a maximum of
time on the shop floor, any suspicious customers, or members of the public
23
After dealing with an incident and handing over a
suspected offender, it is useful to evaluate how well it
was dealt with internally and whether there is scope to
change our operating method in order to reduce re-offending
The Neighbourhood Policing Team will be equipped to give advice on crime
prevention in relation to retail crime, they will be pleased to attend and
advise.
After each incident it would be useful to consider the points listed below and
consider any changes which may assist in preventing the same offence from
happening again.
Consider increasing natural surveillance by removing all possible obstructions
from windows and doors including posters, stock shelves and advertising.
Natural Surveillance will reduce the attractiveness of a retail store for thieves,
the possibility of an employee, customer or member of the public observing
their criminal actions will make them think again.
An open aspect to the street outside will help a shopkeeper view potential
customers approaching the store, an early view of a suspicious character will
assist staff in the management of a possible situation.
Improve the visibility within the stores by noting the height of the displays
and the direction of the isles in relation to the till area. The use of convex
mirrors may be advisable in unavoidable blind spots. A storekeeper may
consider reducing the height of a display, or re- designing the floor plan to
increase visibility. Not only will it dissuade a thief, but will improve customer
service by noticing a member of the public in need of assistance with a
purchase.
n Details of any other persons involved in the incident or detention.
Customers and members of staff may be called as witnesses. Note all
contact details.
• After an arrest or detention is made, it is important that the following
is completed;
• The suspect should be taken to a secure and safe environment.
• Staff and detainee Health & Safety is your responsibility and so they
should not be left alone in a situation where they may either harm
themselves or dispose of items of an evidential nature.
• The Police should be called immediately.
• Details of the offence including particulars of evidence should be
recorded as soon as possible (notes made at the time, see notes below)
• The person detaining the suspect should be present for handover of
the person and evidence to the officer.
• Attempts should be made to identify any health issues, (including
metal health)
• All reasonable attempts should be made to identify the detainee.
• Any witness contact details should be recorded for the Police to collect
a.s.a.p. (Name, Address, Age, telephone numbers and availability.)
• Any CCTV evidence should be copied and available for viewing and
collection by the Police when attending the scene initially.
Consider the position of the tills in relation to the doors. Eye contact with all
customers entering the store should be attempted. The tills/counter or service
desk should be plainly in the direct line of sight of a main public entrance. A
view of staff by visitors and the ability of staff to evaluate a potential threat
early, increase customer/staff confidence.
Small desirable items of stock (egg coffee etc) may be placed behind the till,
with reduced numbers actually on display. A notice may be posted to ask staff
for such an item which may have been targeted. It is important to evaluate
which items of stock are being stolen and why, usually higher value, smaller
22
3
5
Crime
Reduction
Re-evaluation
How could we have
avoided this offence?
4
21
Statement Writing Exercise
A blank statement forms within the course manual should be completed by
the trainees using the following exercise:
Scenario: You are a Store Detective operating in a large supermarket outlet.
At 1.30pm, during one of your patrols of the store, you observe a young
female with a baby in a pushchair behaving oddly. You observe from a
distance and see the female go up to the Health & Beauty section of the
store. After casually looking over her shoulder she selects and conceals two
Oil of Olay products into her jacket, then continues browsing through the
store. You continue to watch the female, as she goes through the cash desk
and pays for only the milk and bread in her basket. She then leaves the store.
What action would you take throughout this scenario? – take notes that you
would record in your working notebook.
Complete the Witness Statement, using the details in your notebook, to
reflect the action you would take during and after this incident. Use your
imagination to complete any missing details – descriptions, circumstances,
names, addresses etc.
Disclaimer
It may be necessary for you to pass the responsibility of property over to a
Police Officer. This may differ between the different Police Constabulary’s, in
that you may be required to enter such information in to your Statement.
Crime Property
When collecting crime property from Police stations or returning property
retained at the store, it must be returned promptly to the Store Manager, or
to the person in charge of the store. A list must be made in your notebook of
the property and signed by the Manager (or nominee) as having received it.
Under no circumstances must crime property be taken home or left in your
vehicle.
20
2
Means of
Offender
Disposal
There are a number of options
open to the police when dealing
with suspected shoplifters
The following measures give
a summary of those outcomes
5
RESTORATIVE JUSTICE (RJ)
RJ is an alternative to court disposal and isn’t a criminal record but instead
will be recorded on a local police system..
The aim of RJ is to deliver simple and effective justice that empowers victims
enabling them to suggest how the offender might be able to repair the harm
done. i.e. in the case of a low level shoplifting offence this may be a LETTER
OF APOLOGY to the store manager or a FACE TO FACE apology (if manager
requests it). It also may take form as cleaning the pavements around the
store supervised by youth offending team (if the offender was under 18)
This is a non statutory disposal with the emphasis being on the victim’s
considerations. If the victim does not want RJ then there will be no RJ and
one of the other disposals below will be considered
FIXED PENALTY NOTICE
These are a £90.00 pound fine (can’t be given to persons under 18) which the
offender has 3 weeks to pay. It does not count as a criminal conviction but is
a fine. If the offender does not pay the fine then the amount is increased by
a half. The offender has also an option on the fixed penalty to elect a court
hearing should they require.
A statement is used as a source of evidence in any subsequent proceedings.
This is a means of providing sufficient information to enable a decision to be
made regarding possible prosecution.
It is important to note that in Scotland the law regarding Statements is
slightly different to that in England and Wales. The Police themselves write
down a verbal Statement from witnesses to a theft. They do not require a
formal written Statement in order to pass the matter to the Procurator Fiscal
(Scottish equivalent to the CPS). In Scotland any request for a Statement has
to be made to the Procurator Fiscal’s Office.
FOR SECURITY PERSONNEL - Notebooks
The notebook/pocket book should be carried with you at all times whilst on
duty. Entries into the notebook will be neat, precise and factual. Only
information relevant to your duties should be recorded. Evidence or
information will be recorded as soon as is practicable following an incident,
when the evidence is fresh in your mind. These notes must be original and
not copied. Mistakes must be corrected throughout using a single line and
initialled.
Acceptable information should follow this format:
• Time and date
• Defendant’s name and address
• Defendant’s date of birth and age
• Details of observations made
• Time the accused was first seen
• Movements around the premises
• Actions of the accused
• Any relevant information such as others involved, bags carried by
the accused
• How many points of payment the accused passed before leaving
• Comments made by the accused at the time of arrest
• Related information given in the Manager’s Office
• Related information given to the Police - recording the PC’s name or no.
• Time Police arrested the accused
• Whereabouts of the retained stolen property
6
19
Rules for Written Statements
SUMMONS REPORT
ALWAYS:
The police may wish to summons the offender to appear at court and
interview the offender at the scene. The officer will later compile a file
including the statements made by the store and submit an evidence file to
the summons unit who will eventually issue the summons and a court date.
• Be accurate and truthful in what you saw and you heard
• Include relevant information
• Always use black ink
If offender pleads not guilty at court then there will be a trial were the staff
members who provided statements may have to attend court
• Write in a chronological sequence
• Should be legible and neat
• Use plain, simple English
• Use block capitals for names/places
ARREST/CAUTION
• Include the collar number and name of the Police Officer
• Sign the statement under the printed caption at the foot of each page,
and underneath, or by the side of the final word.
• Always line out mistakes with a single line and initial (no tippex)
• Leave no gaps and continue writing to the end of the line.
To arrest someone there has to be certain conditions apply that render
thearrest necessary (this is for the officer to decide).
If the officer arrests the offender then they will be taken to the charge office
where they will be given their rights, entitlements and legal advice if
requested.
They will be subsequently interviewed and if enough evidence exits they will
be charged and given a court date to attend.
NEVER:
• Include your opinion
If the offender has no previous convictions or very few and they ADMIT the
offence then they will be eligible for a simple caution which although isn’t a
criminal conviction it is an admission of guilt which will be kept on police
record. This is administered there and then by a Sgt or Inspector.
• Use jargon or abbreviations
• Write too much
• Use tippex or correction fluids
MG11 Witness Statement
On the reverse side of the printed front page, several pieces of information
are asked for. You need to fill in only the following:
• Occupation
• Dates to be avoided
• Contact point (Area Office/Store Number)
• Contact telephone number (Area Office/Store Number)
Under no circumstances should you give your home address or telephone
number on the front and main body this form. However, there is capacity for
this information to be recorded on the back of the form, in case the CPS or
Police need to contact yourself.
Should you encounter a problem in respect of this rule, you should ask the
Officer involved to contact the Area office/Head office.
18
7
Paragraph 3 – The action of the Detained Person
Mr/Mrs/Miss …………… picked up a/some …………. In his/he right/left hand.
He/she walked way from the display and placed the ……….. into his/her
pocket/holdall/bag. He/she then made his/her way towards the front/rear doors
of the store and went outside into ………… Street/Road.
Paragraph 4 – Confirmation
At no time did Mr/ Mrs/Miss …......…. Approach a till and offer payment for
the …....….. in his/her ……...….. He/she passed (how many) manned till points
before reaching the door.
Paragraph 5 – The Stop
I followed Mr/Mrs/Miss …...….. outside the store and introduced myself. I told
him/her why I was speaking to him/her and asked him/her to return to the
store with me.
Paragraph 6 – The Manager’s Office
We went to an office on the …… floor of the store where we were joined by
the Store Manager / sales assistant etc. In the presence and hearing of ……..…,
I told the Manager what I had seen. Mr/Mrs/Miss produced the …….. The police
were called and a short time later, P.C 1234 ……….. attended the store. In the
presence of …….……, I told the Officer all that had taken place.
Mr/Mrs/Miss ….….. was arrested and cautioned and taken to the Police Station.
Paragraph 7 – Goods and their whereabouts
The ………. are/is valued at £…… No one has permission to remove any goods
from ………… store in …….., without first making payment.
Paragraph 8 – Exhibit the Stolen Property
The above will be retained at the store, (or has been retained by PC 1234……
(name) and can be produced as evidence if required as Exhibit Number (Your
initials).
Paragraph 9 – R-V Turnbull (stated case in law – theft)
If requested. Some, not all Police, will quote this stated case as in that
particular area they have solicitors/barristers which like to make it
‘uncomfortable’ for the Store Detective if a court appearance is required. If you
come across this, your statement will require a further paragraph, which
should be written as:
‘Further to the above, I will state that I was never more than XX meters away. I
had a clear and unobstructed view at all times and the lighting in the store was
good.’ Only use this paragraph if the arresting Officer specifically requests it.
8
17
The following information and detail will be asked of the witness, knowledge
of the requirements is very useful in order to affect the smooth handover of a
detainee.
Statements can be used as a source of evidence in any subsequent proceedings
and to provide sufficient information so that a decision can be made
regarding possible prosecution.
Hearsay Evidence - may or may not be admissible in Court. As a general rule
it is best to include it in your statement. It can always be taken out at a later
stage and is often necessary in order to give a complete picture of what
actually happened.
Direct Evidence - Should include the following elements:• Caption
• Setting the scene (the situation)
• Actions of the detained individual(s) (description of behaviour, actions etc)
• Confirmation
• The stop
• The Manager’s Office (what happened / what was said whilst in Holding
room etc)
• The goods and their location
• Exhibit the stolen property
• R V Turnbull (if requested)
Statement Content
Paragraph 1 – Caption
I am ………….......…… (full name) and am employed as xxxx (e.g.: a Store
Detective/Store Manager/Security Officer) by XXXXXXXXXX, (who supply
the services of a Team of Store Detectives or similar to a number of stores
in this area). I have held this position for …...............… (number of years).
My role is to ...................... (i.e.: Manage the shop / to detect and deter
shop thieves / to protect the staff and store etc.)
3
Definitions
and
Powers of Arrest
It is important that staff are
aware of the requirements
and rights in law regarding
offences and powers to detain
Paragraph 2 – Setting the Scene
At …………. am/pm today …………….. (day/date), I was working on the ……
floor of the store when I noticed a man/woman/boy/girl ………............……..
(description of individual – top to bottom, including any identifying clothing)
standing/bending down, etc at a display of ……….. at/on the left/right hand
side/ centre of the store. This person later gave his/her personal details as……
16
9
Section 1 of the Theft Act 1968
provides the legal definition of theft
1(1) A person is guilty of theft if he dishonestly, appropriates, property,
belonging to another, with the intention of permanently depriving the other
of it and ‘thief’ and ‘steal’ shall be construed accordingly.
1(2) It is immaterial whether the appropriation is made with a view to gain,
or is made for the thief’s own benefit.
1(3) The following sections of this Act shall have effect as regards the
interpretation and operation of this section (and, except as otherwise
provided by this Act, shall apply only for purposes of this section).
NOTES
(i) The wording which makes the above an offence is found in section 7 of
the Act. All five of these elements must be proved to obtain a conviction. The
term ‘property’ in this Act is not the same as that in the offence of criminal
damage.
(ii) A secure network which protects jewellery, watches and other treasured
items, providing the Police with a nationwide database to search and trace
the owners of recovered items can be found at www.police.e-register.net..
(iii) There are a substantial number of cases concerning the different terms
used as part of the definition of theft. These cases are not listed under this
document, but under the documents containing the definition of that
particular term. For example, cases relating to the meaning of ‘property’ can
be found by accessing document D4 on the subject of ‘property in theft’ and
viewing a list of cases from that document. Any case listed in this document is
only concerned with the general concept of stealing and not the specific
terminology. This principle applies to other topics broken down in this way.
Section 2 of the Theft Act 1968 provides for
circumstances which are not to be regarded as ‘dishonest’
2(1) A person’s appropriation of property, belonging to another is not to be
regarded as dishonest (a) if he appropriates the property in the belief that he has in law the right
to deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the
other’s consent if the other knew of the appropriation and the
circumstances of it; or
4
Evidence and
Witness statement
requirements
Unless there is a local agreement
between the Police and the Store,
statements will NOT be
written by staff
It is vital however, that you are
aware of the information
required for a witness statement
(c) (except where the property came to him as trustee or personal
10
15
representative) if he appropriates the property in the belief that the person
to whom the property belongs cannot be discovered by taking reasonable
steps.
2(2) A person’s appropriation of property belonging to another may be
dishonest notwithstanding that he is willing to pay for the property.
NOTES
(i) Section 2(1)(a) more or less replaces the common law defence of ‘claim of
right’, which may be referred to in some instances.
(ii) The term dishonestly, for the purposes of the offence of theft under
section 1 of the Theft Act 1968 (and for other similar offences), is not
specifically defined. In determining whether the prosecution has proved that
the person charged was acting dishonestly, a jury must decide (a) what is dishonest according to the ordinary standards of reasonable
and honest people; and
(b) whether the person charged himself realised that what he was doing
was dishonest by those standards; see R v Ghosh 1982
Section 3 of the Theft Act 1968, defines the
term ‘appropriation’ for the purposes of the
offence of theft under section 1 of the Act
3(1) Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property
(innocently or not) without stealing it, any later assumption of a right to it by
keeping or dealing with it as owner.
3(2) Where property or a right or interest in property is or purports to be
transferred for value to a person acting in good faith, no later assumption by
him of rights which he believed himself to be acquiring shall, by reason of
any defect in the transferor’s title, amount to theft of the property.
NOTES
(i) Where a bank is asked to transfer funds from an account, either by writing
a cheque or by placing the instructions in a faxed letter, the request to make
the transfer (if it is subsequently made) amounts to an assumption of the
rights of the owner and therefore to be an appropriation. This will be the
case even if the request does not actually authorise the bank to make the
transfer; R v Hilton [1997] 2 Cr.App.R 445.
(ii) In R v Briggs (2003) it was held that the word ‘appropriation’ in section 3(1)
denotes a physical act rather than a more remote action triggering the payment.
14
11
(iii) Be aware of the case of R v Hinks 2000 (listed below) which makes it
possible to steal from the owner of property even though the owner has
consented to the property being taken. This has a particular relevance in
relation to taking petrol without making payment and an explanation of the
effect of the case in relation to ‘petrol cases’ is incorporated into R v Coady
1996 (also below)
The definition of Assault
Any intentional or reckless act which causes a person to apprehend
immediate unlawful force or personal violence.
Physical injury or contact is not necessary. The emphasis is on the reaction of
the victim, who must perceive the unlawful violence as ‘immediate’ (although
this term has been given a wide interpretation).
Depending on the circumstances, words or gestures alone may constitute an
assault. (An assault may involve a threat alone). If violence is threatened,
there must be the ability to carry out the threat at the time. It should be
noted that an assault does not have to involve an actual application of force,
which would be a battery.
Intention/recklessness
In order to constitute an assault punishable in accordance with criminal
legislation, it has to be established that the accused acted intentionally or
recklessly. In connection with recklessness it is necessary that the accused has
foreseen that the particular kind of harm might be done and yet has gone on
to take the risk. (R v Savage; R v Parmenter (1991)).
Sections 24A of the Police and Criminal Evidence Act 1984
provides the power of arrest for persons other than constables
and designated persons (e.g. members of the public)
24A(1) A person other than a constable may arrest without a warrant (a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be
committing an indictable offence.
24A(2) Where an indictable offence has been committed, a person other than
a constable may arrest without a warrant (a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be
guilty of it.
24A(3) But the power of summary arrest (see note (v)) conferred by
subsection (1) or (2) is exercisable only if (a) the person making the arrest has reasonable grounds for believing that
for any of the reasons mentioned in subsection (4) it is necessary to
arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably
practicable for a constable to make it instead.
24A(4) The reasons are to prevent the person in question (a) causing physical injury to himself or any other person;
NOTES
(i) For a statement of what constitutes an assault and when it ends, see
further Fagan v Metropolitan Police Commissioner.
(ii) An individual should be charged with either ‘common assault’ or ‘battery’
- the inclusion of both in the same charge is bad for duplicity. (DPP v Taylor
and Little [1992] 1 All ER 299).
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.
24A(5) This section does not apply in relation to an offence under part 3 or
3A of the Public Order Act 1986.
(iii) See also car jacking where the offence of assault may be applicable.
Index: assaults and woundings
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