This is a tricky one. Reasonable grounds will be assessed objectively – not according to the subjective viewpoint of the person making the arrest.
The detail is set out under section 24A of the Police and Criminal Evidence Act 1984 (PACE).
The law states:
- Anybody can arrest a person who is committing an indictable offence.
- Anybody can arrest a person if they have reasonable grounds to suspect that they are committing an indictable offence.
On first sight it would appear that if Boris Johnson or any of the government do not comply with the Benn Act or any UK law then the public would have reasonable grounds. However, when detailing the objective criteria it becomes more specific.
An individual may only make a citizens arrest when it is not reasonably practical for a police constable to make the arrest, and it is necessary because the person is either:
- Causing physical injury to themselves or others;
- Suffering physical injury;
- Causing damage or loss of property;
- Escaping before a police constable can take responsibility of them.
Indictable offences
An indictable offence is an offence that is at least relatively serious, and may be tried in the Crown Court, such as violent assaults and burglary. However, it may well not be apparent at the time whether the person’s behaviour or conduct amounts to an indictable offence – so anyone contemplating making a citizen’s arrest needs to carefully assess the situation before acting.
From this it is possible to ascertain that Mr Johnson’s behaviour (and his government’s) may not fall within the criteria set.
Unfortunately it does not say
- Anyone who sees themselves as above the law and where the criminal justice system seeks to look the other way
The decision must therefore lie with us. If after 31st October the Benn Act has not been complied with and the public (or part of it feel strongly enough) then when the Prime Minister or any of his appointees within the government are out and about it will up to our discretion and the hope that the criminal justice system will uphold the law of the land.
Douglas James
Source:
https://www.inbrief.co.uk/police/citizens-arrest/
