Power of a Private Person to Arrest

Introduction:

This note will discuss the power of a private person to arrest another person without a warrant.

Common Law Position on Power of a Private Person to Arrest:

Under the common law, a private person can arrest without a warrant. This was recognised by the House of Lords in the seminal case of Christie v. Leachinsky [1947] A.C. 573, H.L.

Statutory Position on the Power of a Private Person to Arrest:

In Ghana, Section 12 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) recognises that a private person may arrest without a warrant. The section reads:

12. Arrest by private person without warrant

(1) A private person may arrest without warrant a person who in the presence of that private person commits

(a) an offence involving the use of force or violence;

(b) an offence by which bodily harm is caused to another person;

(c) an offence in the nature of stealing or fraud;

(d) an offence involving injury to public property; or

(e) an offence involving injury to property owned by, or in the lawful care or custody, of that private person.

(2) A private person may arrest without warrant a person whom that private person reasonably suspects of having committed an offence mentioned in subsection (1) where an offence of that nature has been committed.

Limits on the Power of a Private Person to Arrest:

A private person’s power of arrest is limited. First, it will be noted that a private person can only arrest when some specific crimes are committed or suspected to have been committed.

Second, this limit was recognised in the case of Adekura v. The Republic [1984-86] 2 G.L.R. 345 . In that case, the appellant, a militiaman, was placed on a duty to stop and search vehicles. The appellant saw a vehicle approaching, signalled it to stop, and shot at it when the driver failed to stop. One of the bullets hit one Klakani, who died. The appellant was convicted of murder, and he appealed. On appeal, the court discussed the capacity of a private person to make an arrest and advanced that:

The authority of a private person to make an arrest is very limited. Under section 12 of the Criminal Procedure Code, 1960 (Act 30), he may arrest any person who in his view commits a felony or misdemeanour or any offence involving the use of force of violence, or whom he reasonably suspects of having committed a felony provided that the felony has been committed…At the time the appellant shot at the vehicle no felony had been committed to ground any suspicion. In fact no crime was being committed which necessitated its prevention or its defence.

Differences between Power of a Private Person to Arrest Without a Warrant and Power of the Police to arrest without a warrant:

1. Scope of Offences:

A police officer may arrest a person without a warrant if the person is reasonably suspected to have committed an offence or about to commit an offence.

However, a private person may only arrest without a warrant if a crime is committed in his presence or if it is reasonably suspected that the person has committed a crime relating to the use of force, stealing or fraud, damage to public property or his property. A private person cannot arrest without a warrant if he merely suspects that a crime is about to be committed.

It may thus be said that there are a range of offences for which the police can arrest without a warrant. However, a private person is limited in the offences for which he can arrest without a warrant.

2. Deserters of Armed Forces:

A police officer can arrest a person if it is suspected that he is a deserter from the armed forces.

However, a private person has no such power.

What a private person must do after arrest:

After an arrest, Section 14 provides that the private person shall, without unnecessary delay, take the arrested person to a police officer or the nearest police station.

The police officer shall re-arrest the person if the person has committed a crime, suspected to have committed a crime, or about to commit a crime among others.

Conclusion:

A private individual has the authority to arrest a person who has committed or is suspected of committing theft, fraud, an offense involving force, bodily harm, damage to public property, or injury to another’s personal property. However, for offenses outside this scope, a private person cannot make an arrest without a warrant.