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Comment by cheeki kea on May 13, 2020 at 6:32am

Neighbourhood Support Fact Sheet Citizen's Arrest and Self-defence Citizen's Arrest. The power to make a citizen's arrest under the Crimes Act 1961 is not as wide as people assume. In fact there is no power at all but there may be justification or protection from criminal responsibility. Justification means people making the arrest are not guilty of an offence and not liable to any civil proceeding. Protected from criminal responsibility means people making the arrest are not liable to any proceedings except a civil proceeding. Section 35. Arrest of persons found committing certain crimes - Every one is justified in arresting without warrant - (a) Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than 3 years' imprisonment: (b) Any person whom he finds by night committing any offence against this Act. Under subsection (a) of section 35 a person making an arrest for theft is only protected from criminal or civil liability if the value of the property stolen exceeds $1,000. The penalty for theft of property valued over $1,000 is imprisonment for a term not exceeding 7 years. The penalty for theft of property valued over $500 and under $1,000 is imprisonment for a term not exceeding 1 year and for property valued $500 or less a term of imprisonment not exceeding 3 months.Section 36. Arrest of person believed to be committing crime by night - Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act. Self-defence Section 48 of the Crimes Act 1961 provides justification, which means a person is not guilty of an offence and not liable to any civil proceeding, for using self-defence in some circumstances to protect themselves or others. Section 48. Self-defence and defence of another - Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use. Section 48 does not provide immunity from prosecution for using self-defence. Unless the circumstances clearly show the force used was appropriate and in self-defence, the person who has used the force may have to explain their justification to a criminal court. There are also circumstances in which a person, and anyone acting lawfully to assist the person and under his authority, is justified in using reasonable force to protect his property. This includes resisting having something taken by a trespasser, defending his dwellinghouse from someone breaking in, and preventing trespassing and removing trespassers.   ~~Know the facts, know your rights. ( these are some of my rights, with restrictions in place. )

Comment by cheeki kea on May 13, 2020 at 5:08am