Correct on the date of publication - 19 May 2025
Question:
Security staff at our local shopping mall have been told that they can arrest people found committing criminal damage. The power of arrest for people who are not constables is for indictable offences only and where the damage is under £5,000, criminal damage can only be tried summarily so where is their power of arrest?
Answer:
The power of arrest for 'citizens' under section 24A of the Police and Criminal Evidence Act 1984 applies only to indictable offences. 'Indictable offences' are 'either way' offences that can be tried either at the magistrates' court or at the Crown Court and 'indictable only' offences that can only be tried on indictment at the Crown Court.
However criminal damage is an oddity. Where in a case of simple criminal damage, the damage is valued at less than £5,000 that case must be tried summarily, section 22 Magistrates Courts Act 1980). This is only an administrative procedure. The offence remains an 'either way' offence and therefore is indictable for the purposes of PACE and the power of arrest is as for any other indictable offence. (See R v Fennell [2000] ; R v Alden [2002] EWCA Crim 421).
See also the question on 'criminal damage - attempt'.
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