If I caught someone trying to nick my bike, grabbed them, told them I was doing a citizens arrest and used said lock (assuming they haven't broken it) to lock their neck to a lamppost (without being tight around neck)....would that be excessive force?
The law states that,
* Any person can arrest a person who is in the act of committing an indictable offence or
* Anyone whom he reasonably suspects to be committing such an offence, if
o it is not reasonably practicable for a constable to make the arrest instead and
o it is necessary to arrest the person for one of the below reasons,
To prevent the person in question,
* causing physical injury to himself or any other person;
* suffering physical injury;
* causing loss of or damage to property; or
* making off before a constable can assume responsibility for him.