Citizen’s Arrest

A citizen’s arrest is when you (not being a constabulary police officer) arrest a person because you find a person committing or has committed an offence under the Crimes Act 1961. This includes crimes such as theft, assault, or burglary.

Call Police on 111 in the first instance if there is an immediate risk of harm to you or someone else.

Police officers are trained to manage situations safely and are equipped to deal with incidents that may escalate. If you have taken action to conduct a citizen’s arrest, you must report the event to Police as soon as practicable.

Making a citizen’s arrest is lawful in certain circumstances and can carry legal and personal risk. In most situations the safest course of action is to call 111, observe the crime, and allow Police to respond.

Things to Consider

Your Safety Comes First

Attempting to restrain someone during a citizen’s arrest can be dangerous. The risk of serious harm to yourself and others can be heightened if a situation escalates.

Do not intervene if it may put you or others in harm’s way, consider whether the person may have a hidden weapon.

In most situations, the safest action is to keep yourself and others safe, observe the crime, and call 111 and ask for Police.

Your primary responsibility is to maintain the safety of everyone involved.

Making a Citizen’s Arrest

If you do decide to make a citizen’s arrest, to meet your legal responsibilities and to ensure the arrest is lawful you must:

  • Be sure you have the correct person
  • Believe, on reasonable and probable grounds, that an offence against the Crimes Act has been committed
  • Clearly tell the person you are making a citizen’s arrest and holding them until Police arrive 
  • Call 111 and ask for Police as soon as practicable and follow all directions given by the Police. This may include releasing the arrested person.
  • Ask for the person’s cooperation
  • Avoid using force. Only use force if it is necessary and proportionate and use the minimum required. What amounts to “reasonable force” will depend on the circumstances. If you are found to have used excessive force, you may face criminal or civil legal action
  • Do not question the person 
  • Do not search the person or their belongings
  • Be prepared to provide a statement to Police

Failure to meet your legal responsibilities may result in you facing:

  • Criminal charges (such as assault) or
  • Being taken to court for a civil claim (sued)

Keeping the Person Detained Safe

When a citizen’s arrest is conducted, you are responsible for the safety of the detained person and others around you.

You must consider:

  • The location where you are detaining them
  • Whether the person needs medical assistance
  • Whether the person is vulnerable (e.g. due to age, disability, or intoxication)
  • Their physical position. Do not kneel or sit on the person, or apply pressure to the neck or head 
    • Be aware of the risk of positional asphyxia (suffocation)
  • Regularly checking on the welfare of the detained person

You must act reasonably and proportionately at all times.

Remember if you are found to have used excessive force, unlawfully arrested someone or failed to follow Police directions without reasonable excuse, you may face criminal or civil legal action.

Citizen’s arrest protections

Not to be mistaken with constabulary powers, the protections an individual has under the Crimes Act 1961 when conducting a citizen’s arrest may vary in certain circumstances as detailed below.

  •  Section 35: when one finds a person committing any offence against the Crimes Act – you are justified for arresting a person without a warrant. Under the Crimes Act, “justified” means not guilty of any offence and not liable to any civil proceeding.
  • Section 36: when one finds a person committing any offence against the Crimes Act by night and has reasonable and probable grounds for believing that offence is being committed – you are protected from criminal responsibility only. Under the Crimes Act, “protected from criminal responsibility” means not liable to any proceedings except a civil proceeding.
  • Section 37: when one believes on reasonable and probable grounds that offence against the Crimes Act has already been committed - you are protected from criminal responsibility only.
  • Section 38: when one believes on reasonable and probable grounds that an offence against the Crimes Act has already been committed and the person is escaping and is being pursued by a lawful arrester – you are protected from criminal responsibility only.

Please refer to the Crimes Amendment Act 2026 for detailed descriptions of the protections mentioned above. We advise seeking independent legal advice if there are further queries you have on conducting citizen’s arrests.