Expanded citizen’s arrest powers could open a legal can of worms – here’s what to know
Ever wondered what it really means to make a citizen’s arrest? It’s more complicated and risky than you might think, despite the latest changes to the Crimes Act.
The Crimes Amendment Act 2026 has introduced expanded rights for citizens to make arrests, particularly for retail staff and security guards. While the intention is to combat petty crime, the amendments raise concerns about potential misuse and misunderstanding. Previously, citizens could only arrest someone committing or suspected of committing an imprisonable offence or disturbing the peace, according to section 315 of the Crimes Act 1961.
However, the new Act changes the defence available to someone detaining or using force against someone else, which might otherwise be a criminal offence. The main change is in section 35 of the Crimes Act, which previously provided a defence only at night for certain offences and during the day for offences with a three-year or more prison sentence.
The new wording provides a defence regardless of time and sentence, but with three complexities: it only applies if the person is "found committing" an offence, it only applies to offences under the Crimes Act, and "reasonable suspicion" is not enough. Other potential complications include the age and mental capacity of the alleged offender.
Additionally, arresting individuals must contact the police "as soon as practicable" and follow their directions, or lose the defence protection. The use of force is regulated separately by section 39 of the Crimes Act, allowing only "such force as may be necessary" to overcome resistance. Force used must be objectively necessary, and cannot cause death or serious bodily harm, unless directed by the police.
The amendments have also changed defences relating to property, such as shoplifting situations, to allow "reasonable force" to stop theft or recover property, but still prohibiting striking or causing bodily harm unless it is reasonable. If a person detains or uses force unlawfully, they could face kidnapping charges or common assault, with more serious consequences if injuries or serious harm occur.
The amendments also allow individuals who are wrongly detained or subjected to improper force to rely on the expanded provisions for arrest or self-defence. These changes could potentially lead to escalating consequences if everyone believes the law is on their side.
Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
