To make a citizen's arrest, a guard must witness a criminal offence on or in relation to the property which they are authorized to protect (for example breaking and entering or vandalism). They may also make a citizen's arrest if they see someone run from a person who has authority to make an arrest, such as a police officer.
If a guard makes an arrest, they must:
• Identify themselves as a security professional,
• Take physical custody of the person,
• Inform the person that he or she is under arrest,
• Tell the person why they are being arrested,
• Inform the person that he or she has the right to legal advice, and
• Hand the person over to the police as soon after the arrest as possible.
If a guard suspects that a crime was committed and wants to ask questions, they have no power to keep the person on the premises. This means they cannot search someone without the person's permission (informed consent) or unless they have conducted a citizen's arrest. Informed consent means the person who gives permission knows the consequences of their decision. Informed consent can also be a requirement for gaining entry to a private event such as a rock concert or a sporting event.
In the event of a citizen's arrest, a search should be limited to a pat-down for weapons or for evidence that relates to the reason the person was arrested.
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