Citizens are allowed to arrest one another, as Nelspruit Post explained last week, but there are a few very important principles which need to be taken into account.
If the person making the arrest does not honour these, he or she might find themselves in the position of the accused.
The definition of arrest in the Criminal Procedure Act dictates that it is a method of securing that a person, reasonably suspected of having committed a crime, appears in court. This person will first have to be charged by the police.
An arrest is not a punishment in itself and the suspect’s constitutional rights should be kept in mind. It is a limitation of the suspect’s rights, which may be considered justified if the person making the arrest adheres to the following:
• The suspect must be handed over to the police as soon as possible. The citizen who made the arrest will compile a detailed statement on the facts of the apprehension. How the accused was encountered must be indicated and any witnesses must also compile statements. It must be relayed how he was transported to the SAPS cells and any injuries must be reported. This should be administrated by the police official who will advise those who hand over the alleged criminal.
• Be sure not to tamper with the crime scene. The police might need exhibits in their investigation.
• Beware of mob justice and use “no to minimum force” as a rule of thumb. An arrest is not retaliation or retribution. Where use of force is needed to overcome an active threat or resistance, refrain from using further force. The suspect may be confined in a reasonable way. Where handcuffs, cable ties or even string are used to do so, it should not injure the suspect.
