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irradiated

Arrest Off Duty

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Has anyone here ever had the need to arrest Off Duty? If so, what are the procedures etc in regards to paperwork and the like, because you've obviously got your normal work commitments so can't really take the time to do the paperwork immediately?

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A bit of a late response, but probably useful. Our Inspector has said many times that if you absolutely HAVE to arrest somebody while off duty, don't "arrest" them but rather "detain" them until on-duty officers arrive. The reason is very simple. They've got a lot more chance to get away from a single off-duty officer. If you have "arrested" them and they legged it, now you have an escapee, moreover, you have a case of _your_ prisoner escaping while in _your_ custody - a LOT more paperwork than for a simple arrest (at least in my force). If they were only "detained", you'd have a lot less headache.

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The problem is the Inspector is asking you to act illegally. You absolutely cannot detain someone without arresting them unless it's where there is a specific power (such as a search under PACE or s23MDA).

If you want them to stop while help arrives you have got to nick them, it doesn't matter what your Inspector says you are the one facing assault or unlawful imprisonment charges if your suspect has a decent brief. And if he lamps you whilst you are 'detaining' him as you aren't arresting him he could claim self defence and get away with it.

Lots of cops use the 'detain' and often get away with it, but it doesn't make it legal and sods law says YOU will be the one that gets caught out.

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Has anyone here ever had the need to arrest Off Duty? If so, what are the procedures etc in regards to paperwork and the like, because you've obviously got your normal work commitments so can't really take the time to do the paperwork immediately?

This is a tricky one. If you arrest someone, then forget about the day job or your rest day or whatever else you were doing, you've got paperwork to do.

Prisoners can't be dealt with an interviewed without your arrest notes at the very least. Prisoners MUST be dealt with as quickly and efficiently as possible and the Custody Sergeant and Inspector aren't going to be happy with a prisoner sitting in their cell because the arresting officer is a Special who is busy with their day job or a even a regular who's on rest day but has plans... this could lead to all sorts of complaints.

Someone else might be kind enough to book in the prisoner in custody and help with statements and crime reports, but don't count on it. If you wish to use your powers, you must be prepared to follow it through immediately and do all the writing to go with it. Otherwise act as a professional witness, call it in and keep control updated.

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A bit of a late response, but probably useful. Our Inspector has said many times that if you absolutely HAVE to arrest somebody while off duty, don't "arrest" them but rather "detain" them until on-duty officers arrive. The reason is very simple. They've got a lot more chance to get away from a single off-duty officer. If you have "arrested" them and they legged it, now you have an escapee, moreover, you have a case of _your_ prisoner escaping while in _your_ custody - a LOT more paperwork than for a simple arrest (at least in my force). If they were only "detained", you'd have a lot less headache.

The phrase can of worms comes to mind.... That's terrible advice from your Inspector - is this a regular or special Inspector you are referring to? Either way, if a criminal has got away then the Police have lost a suspect and someone is going to have to go looking for them..... We shouldn't be worrying about doing stuff ta certain way so that we can cover our own backs in terms of avoiding difficult questions and paperwork.

You can't avoid arresting because it's inconvenient. This is one of the reasons why off duty officers should strong encouraged to consider what they do get involved in off duty, as well as the obvious safety implications (no PPE, etc).

I'm afraid I'm going to have to agree with AnthonyB here, who's offered some very useful comments above and question what power are you detaining under? The legal issues maybe more problematic than your Inspector's paperwork!

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So I'm necroposting a bit but I found my own answer today.

Two kids kicking the **** out of one other, no older than 16. As I've rung it in, it's escalated and I genuinely thought that the guy getting a beating was going to come to serious harm.

Told the operator on the phone what was happening, she heard a kerfuffle as I'm trying to detain one male. All I manage to shout is "<Insert location> One detained" at which point I've realised I'm now surrounded by about 15 people. None of whom looked friendly. Managed to call out an urgent assistance over the phone (still struggling with this detainee) at this point.

After what felt like an absolute eternity, units arrived and the situation was dealt with. He got nicked by the on duty lads.

Overall, 2/10 experience, real squeaky bum time, would not recommend.

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