USE OF FORCE IN AFFECTING A CITIZENS ARREST
In terms of Section 42 of the Criminal Procedure Act of 1977 a South African Citizen has the right to arrest the following persons:-
- Persons engaged in an affray (Public Fighting)
- Persons who he/she has a reasonable suspicion have committed a Schedule One Offence.
REQUIREMENTS REGARDING THE USE OF FORCE DURING ARRESTS
- You have the right to arrest the individual. (Section 42)
- You must have the intention to arrest the suspect (i.e. your intent must be to arrest the suspect so that you can hand him over to the law enforcement agencies.)
- You must have a reasonable belief or have actual knowledge of a schedule one offence having been committed by the suspect.
- The suspect must have resisted or fled in the knowledge of your intention to arrest them. (Inform them of same asap)
- Your use of force was necessary to secure compliance from the suspect and there was no other reasonable alternative.
SOME SCHEDULE ONE OFFENCES
- House breaking
- Malicious injury to property
- Robbery (Hijacking, mugging)
- Assault with intent to do grievous bodily harm (GBH)
- Indecent Assault
- Any attempt at one of the above
South African Law &Private Defence
The law requires certain conditions to be met before one wishes to plead Private Defence, which includes both self-defence and the defence of a third party.
REQUIREMENTS OF THE HARM THREATENED
- The harm must be unlawful
- The harm must infringe a legal interest
- The harm must be reasonably imminent or actually occurring.
REQUIREMENTS OF YOUR RESPONSE<
- Your response must be directed at the attacker or his agent. (i.e. his dog)
- Your response must be necessary
- Your response must be related to the severity of the attack.
- Your intention must have been to act in accordance with the requirements of the law of private defence.
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