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Citizen's arrest vs police arrest
Citizen's arrest (s.24A PACE) versus Police arrest (s.24 PACE)
Both citizens and police officers have the power to arrest without a warrant, but the scope, safeguards, and practical implications of each power are very different. A police arrest under section 24 PACE is broader and backed by institutional support; a citizen's arrest under section 24A PACE is narrower and carries significant personal risk.
Side by side
| Citizen's arrest (s.24A PACE) | Police arrest (s.24 PACE) | |
|---|---|---|
| Legal basis | Section 24A PACE 1984 (inserted by the Serious Organised Crime and Police Act 2005). Replaces the older "arrestable offence" citizen's arrest power | Section 24 PACE 1984 (as substituted by the Serious Organised Crime and Police Act 2005). Applies to any offence |
| Who can exercise | Any person other than a constable: a member of the public, a security guard, a store detective, or any private individual | A constable (sworn police officer of any rank). PCSOs do not have a general power of arrest under section 24 |
| Offence types | Indictable offences only. The citizen must have reasonable grounds for believing an indictable offence has been or is being committed | Any offence. A constable may arrest for summary, either-way, or indictable offences provided the necessity criteria are satisfied |
| Necessity | The arrest must appear necessary because it is not reasonably practicable for a constable to make the arrest instead | The constable must have reasonable grounds to believe that arrest is necessary for one of the reasons in section 24(5): to ascertain name or address, to prevent injury, damage, indecency, obstruction, or disappearance |
| Use of force | Reasonable force may be used under section 3 Criminal Law Act 1967, but the citizen bears the full risk of getting the assessment wrong | Reasonable force under section 3 Criminal Law Act 1967 and section 117 PACE. Officers are trained, insured, and supported by the institution |
| Rights on arrest | The person must be told they are being arrested and the reason. The citizen should hand the person to police as soon as practicable | The person must be cautioned and told the grounds for arrest. Full PACE Code C rights apply from the moment they arrive at custody |
| Liability | The citizen faces personal civil liability for false imprisonment, assault, or battery if the arrest is unlawful. There is no organisational indemnity | An officer acting in good faith is generally indemnified by the force for civil claims. The officer may face misconduct proceedings if the arrest was unjustified |
| Practical considerations | High personal risk. No handcuffs, no radio, no backup, no training in restraint. Citizens should consider whether intervention is safe | Backed by equipment, training, communications, and colleagues. The officer can call for assistance and is trained in use of force and de-escalation |
Which applies
A citizen's arrest should be a last resort. The power exists for situations where an indictable offence is in progress or has just been committed and no police officer is available. Getting it wrong exposes the citizen to civil liability and potential criminal charges. In most situations, calling 999 and providing a description is safer and more effective than attempting to detain someone.
Last updated 24 September 2026