- Would it be illegal to lock a bike thief to a lamppost?
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;Posted 8 years ago
* suffering physical injury;
* causing loss of or damage to property; or
* making off before a constable can assume responsibility for him.CountZeroMember
Why, exactly, would it be false imprisonment, when the perp has been caught in the act, and police advice states that an arrest can be made to stop said perp absconding. I could do even better, in that I use a Masterlock StreetCuff to secure my bike, which is a heavy-duty handcuff with plastic covering to prevent paint damage. Perfect for locking hands behind back with pole between. Locals would be encouraged to throw rotten fruit… 😈Posted 8 years agoJacksonPollockMember
Yes illegal, but potentially very funny!
If he was that interested in the bike, lock him tight to the bike and set him free! run after him shouting 'stop thief' (or words to that effect). He can't argue then that he wasn't trying to make off with your bike!
Think I'm thinking about this too much! 😆Posted 8 years agonbtMember
Citizens arrest does not exist.
you can arrest someone for an arrestable offence. If you don;t know what that is, go look it up – for instance, unlawful arrest is an arrestable offence
Sadly, I suspect that locking someone by the neck would not be viewed as "reasonable", otherwise the police would be using such tactics.
You can however restrain them, as long as you do not use excessive force.Posted 8 years agoTi29erMember
I had a case where I came across the thief, in a café, with my stolen bike propped up outside.
I locked up my bike to the one I was riding and confronted the thief.
Since he was not actually on the bike, he in a roundabout way shrugged his shoulders.
I think you'd be in more hot water doing it your way TBH. It sounds like imprisonment & you could end up in the dock & not the thief.
PS – he had the stupidity to send his younger brother to tell me they wanted the lights that he's put on the bike returned. YOu can, of course, only guess at the fruity language that followed.Posted 8 years agocrazy-legsSubscriber
I'm sure there was something on the ever-excellent Bikesnob NYC about someone who'd chained a bike thief to a set of railings and put a sign on him saying "Bike Thief". IIRC the police were eventually called to cut him free as passers-by were beginning to get a bit over-zealous in their desire to punch the thieving scumbag.Posted 8 years ago
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