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:-

  • Trespassers
  • 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)
  • Rape
  • Murder
  • Arson
  • 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.

Facebook users Click here – a great post by Sgt. Clark of the Westville SAPS