SAIWA Powers of Arrest and Apprehension 2 — Questions and Answers
Question 1: Under the WA Criminal Code, what type of offence must be occurring for a citizen's arrest to be lawful?
- Any offence including minor infringements
- Only an indictable offence (a serious criminal offence) (Correct answer)
- Only traffic offences
- Only offences involving violence
Correct 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.
Minor offences do not justify citizen's arrest. Arresting for a minor offence could constitute false imprisonment.
Question 2: After making a citizen's arrest, how quickly must the arrested person be handed to police?
- Within 24 hours
- As soon as practicable without unnecessary delay (Correct answer)
- Within 4 hours
- At the end of the shift
Correct answer: As soon as practicable without unnecessary delay
The arrested person must be delivered to police as soon as practicable, without unnecessary delay.
Police must be contacted immediately upon making the arrest. Holding someone for extended periods could constitute false imprisonment.
Question 3: What is the key difference between detention and arrest in security operations?
- No difference
- Detention is brief holding, while arrest involves formal custody with intent to hand to police (Correct answer)
- Detention requires handcuffs
- Only police can detain
Correct 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.
Any restriction of freedom of movement without lawful authority can constitute false imprisonment regardless of terminology.
Question 4: A security agent arrests a shoplifter who then becomes physically ill. What is the agent's duty of care?
- Release the person regardless
- Provide first aid, call for medical assistance if needed, and inform police of the medical situation (Correct answer)
- Ignore the illness as a possible ploy
- Continue arrest without addressing the medical issue
Correct 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.
Medical needs take priority over the arrest. Failing to provide care can result in criminal charges and civil liability.
Question 5: Can a security agent use handcuffs or restraint devices when making a citizen's arrest in WA?
- Yes, standard equipment
- Only if force is reasonable and proportionate, and restraint is necessary to prevent escape or harm (Correct answer)
- No, only police can use restraints
- Yes, for all arrests
Correct 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.
Routinely handcuffing all arrested persons without specific justification could be deemed excessive force.
Question 6: A security agent witnesses vandalism to a building. What should they consider before making a citizen's arrest?
- Whether damage exceeds $1,000
- Whether the offence is indictable, whether arrest is necessary, whether it is safe, and whether reasonable force suffices (Correct answer)
- Whether the building belongs to their client
- Whether cameras are recording
Correct 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.
If the risk outweighs the benefit, the better approach is to observe, document, and report to police.
SAIWA Powers of Arrest and Apprehension 2
Under the WA Criminal Code, what type of offence must be occurring for a citizen's arrest to be lawful?