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Citizen's Arrest

English law recognizes a number of circumstances in which one private citizen may lawfully arrest another. Brief details are included here to cover the possible situation of an attempted arrest of a naturist by a landowner, security guard or warden.

A citizen may make a lawful arrest in two situations:

  • the person arrested has committed or is committing an arrestable offence
  • the person arrested is "unlawfully at large"

An "arrestable offence" is defined as an offence which, on conviction, could result in a sentence of at least five years' imprisonment. While this includes even trivial thefts, it would appear to exclude most of the offences that naturists might be accused of.

Criteria for a citizen's arrest are set out in the Police and Criminal Evidence Act (PACE). PACE does not grant the power to make a citizen's arrest merely on suspicion that someone is about to commit an arrestable offence.

Under the Serious Organised Crime and Police Act 2005, the power of citizens to make an arrest remain limited to indictable offences.

This is a complex area of law, with the possibility of serious negative consequences for the person making the arrest. If the arrest turns out to be unlawful, then any force used will amount to a criminal offence and may also give rise to a claim for damages.

We know of no case of a naturist being subject to a citizen's arrest.

Civilians Performing Police Duties

The Police Reform Act 2002 gave chief police officers the power to delegate some duties to civilians and therefore you might find that you are dealing with such a person. They must wear a uniform with an approved badge and carry their authorisation with them when performing these duties.

The badge must be produced to you if you ask for it. A difficulty that might arise is that the authorisation does not usually state exactly what powers the civilian has and these vary considerably but, in general, they can use reasonable force to carry out their duties in the same way that the police can.

Obstructing, resisting or assaulting them in the execution of their duty is a summary offence. They are bound like the police to follow the Codes of Practice (PACE) as well as legislation.

"Civilians Performing Police Duties" should not be confused with employees of local councils, the National Trust, landowners, etc. who have no more power than any other citizen.

Police Community Support Officers

Confusingly, the powers of 'PCSOs' are not nationally defined and may be different in each constabulary area.

In most cases they will have the power to issue Penalty Notices for Disorder (PND's)

Part 1 of Schedule 4 to the Police Reform Act 2002 refers to the powers of suitably designated Community Support Officers to issue Penalty Notices for Disorder for certain specified offences, including (of relevance to naturists) "causing harassment alarm or distress".

PCSOs may have the power to take photographs of and detain suspects for a limited period, pending the arrival of police officer.

Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.
Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.