Powers of Arrest and Apprehension Flashcards

What legal consequences could a security agent face for making a wrongful citizen's arrest?

Answer: Criminal charges of false imprisonment and assault, civil lawsuit, and licence cancellation

A wrongful arrest can lead to criminal prosecution, civil action, and licence cancellation.

A detained person claims to be a minor (under 18). How does this affect the situation?

Answer: Additional care required including contacting parents or guardians, and police should be called immediately

Detaining a minor requires additional considerations including contacting parents/guardians and immediate police involvement.

What is reasonable suspicion and how does it relate to a security agent's powers?

Answer: Security agents cannot use it for arrests; citizen's arrest requires actually finding the person committing the offence

Unlike police, citizen's arrest requires actually witnessing the offence, not merely suspecting it.

During a citizen's arrest, the arrested person suffers an injury. What is the agent's legal exposure?

Answer: The agent may be liable if force was excessive, regardless of the person's criminal conduct

Even when arresting a person committing a crime, the agent can be liable for injuries from excessive force.

After making a citizen's arrest, the agent realises they may have the wrong person. What should they do?

Answer: Release the person immediately, apologise, document the incident, and report to supervisor and police

If the wrong person is arrested, release them immediately, apologise, and fully document the mistake.

In what circumstances can a security agent use force to prevent a person from leaving premises?

Answer: Only during a lawful citizen's arrest where the person is attempting to escape

Force to prevent departure is only justified during a lawful citizen's arrest where the person is escaping.