Can a child do a citizen&#39;s arrest? I'm really interested to know if it's legal in London (UK) and Germany for a child, say at 13 or even aged 8, to do a citizen's arrest? On an adult, if that makes a difference.
This will probably depend on what you understand as a citizen's arrest and will probably differ from jurisdiction to jurisdiction. In Germany the closest thing to citizen's arrest is called Vorläufige Festnahme (Provisional arrest) and probably contains a different set of conditions when it can be used. § 127 Provisional arrest (1) If a person is caught in the act or is being pursued, any person shall be authorised to arrest him provisionally, even without judicial order, if there is reason to suspect flight or if his identity cannot be immediately established. The establishment of the identity of a person by the public prosecution office or by police officers shall be governed by section 163b (1). ... Through the usage of the word jedermann (any person), a child (minor) can also exercise this right. Sources: § 127 Provisional arrest - German Code of Criminal Procedure (Strafprozeßordnung – StPO)
Sure, but Qatar is not in the jurisdiction of the ECHR! For the ECHR to apply in a jurisdiction, Qatar would need to have signed it or be in the EU or at least have been in it. It never has been. In fact, not even Den Haque would have power over Qatar unless they allowed it to - and that court rules on matters of war crimes... Qatar does not guarantee the same rights you might be familiar with from most western countries. In fact, not even all western countries are the same. In America, you can use the Sieg Heil gesture, in Germany, you can end in jail for it.. Same for Propaganda materials.
From a US perspective, in a word, "no". Firstly, "presumption of innocence" is in a trial, not in police interactions. Being arrested does not violate the presumption of innocence. Police do not need any reason to interact with you or ask you questions. Police can arrest you if they have probable cause to suspect you have committed a crime, but this is not always necessary. More on this later(in the fourth section). Secondly, I wouldn't describe requesting to see your ticket, or any document as a "violent communication", in general. It may be rude or insulting, but not violent. (Also "violent communication" is not a legal term. The closest legal terms, verbal assault and threatening communication, are also not this.) More over, there is no indication of am implication of lying in this request. Thirdly, there are many situations in which possessing a document or credential is not sufficient; one must legally display or present them upon request. For example, multiple occupational licenses such as liquor licenses and barber/cosmetology licenses require that the licenses be prominently displayed; whereas, in California at least, a vehicle driver on a public road must not only possess their driver's license and proof of insurance, they must produce them upon the request of any law enforcement officer (Source: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffvr18). Fourthly, there are situations in which you can be legally searched and questioned without reasonable suspicion. Examples of this include boarder searches and sobriety checkpoints. Sources: (US Supreme Court rulings): https://en.wikipedia.org/wiki/United_States_v._Martinez-Fuerte; https://en.wikipedia.org/wiki/Michigan_Department_of_State_Police_v._Sitz A note on sources: bdb484 and I have opposing court case sources. My sources have binding precedent over all courts in the US, save the US Supreme Court, whereas theirs don't have any binding precedent, but are more directly on-topic.
Desuetude is the wrong concept. Desuetude relates to laws as a whole falling out of use; it doesn’t relate to individual cases. There is no question that the UK actively enforces their bail laws so they are not falling out of use. There is a statute of limitations that applies to non-major crimes within which the state must initiate prosecution. However, in this case the prosecution for bail violation has been initiated and Mr Assange is “on the run” so this is not relevant. Neither is the fact that the original charges that led to his arrest has been dropped- he is wanted for escaping lawful custody under English law for which the penalty is pretty stiff. I will also venture an opinion that the case against him is as open and shut as it comes. TL;DR When he dies.
You can be under arrest before you are handcuffed and the police officially read you your rights. The problem from the citizen perspective is that there is no bright line test that tells you whether you are under arrest, and the courts can find that there was no arrest at a point where the suspect was handcuffed and confined to the back of a police car (United States v. Bullock, 632 F.3d 1004) – you can be merely "detained" for an investigatory stop while in cuffs. One test that might be used is asking if you are free to go about your business. A reasonable person could decide whether they were under arrest by the nature of what the officer says. For example, if he says "It would help us if you could stand over there" or "...if you could sit down", it is reasonable to conclude that this is an urging but not a command. On the other hand, if he says "Sit down, now!", it is unreasonable to think that that is a mere suggestion or plea, it is an order. There is no specific Arizona law that says when police can order you to do something, nor is there a specific law saying that force may only be used in such-and-such circumstance. There generally are guidelines for police conduct, and the guidelines tend to grant much leeway to officers (until it gets to be a recurring problem and the guidelines are changed). An example is Seattle, whose police manual reduces the question to the statement that "An officer shall use only the force reasonable, necessary, and proportionate to effectively bring an incident or person under control, while protecting the lives of the officer or others". But this does not say whether one must obey police orders. In Oregon v. Ruggles the court sympathetically notes that Whether a particular police order is “lawful” is frequently a complex question involving some of the most vexing and intractable issues in constitutional law. For example, a police order such as “Stop!” can be an unlawful seizure of a person under Article I, section 9, of the Oregon Constitution, depending on whether the order is accompanied by a sufficient show of authority and the officer who issues the order is subsequently found to have lacked reasonable suspicion to believe that criminal activity was afoot. But Oregon has a statute, ORS 162.247(1)(b), requiring you to obey a lawful order by police. The court found that you don't have to know whether the order is lawful. Arizona has a related statute, ARS 13-2508 where resisting is defined as intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest including the means of "Engaging in passive resistance" (which is "a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest"). Arizona law frames the resisting crime in terms of "effecting arrest", which is different from what Oregon law says: (a) Intentionally acts in a manner that prevents, or attempts to prevent, a peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person; or (b) Refuses to obey a lawful order by the peace officer or parole and probation officer. But even if an individual in Arizona is not chargeable with resisting arrest for failing to sit (because the officers were not effecting an arrest), that does not mean that police cannot order you to sit – it just means that it's not a separate crime to fail to comply.
YES in germany §23 StVO (1a) Wer ein Fahrzeug führt, darf ein elektronisches Gerät, das der Kommunikation, Information oder Organisation dient oder zu dienen bestimmt ist, nur benutzen, wenn hierfür das Gerät weder aufgenommen noch gehalten wird und [...] (1a) Whoever is driving a vehicle may only use an electrical device that is serving communication, information, or organization or destined to be used for this if... 1. they don't pick the device up or hold it and [...] That is plenty clear: holding the device is banned in any way, and implies using it under German legal precedent.
UPDATE On 24/07/2023, Assistant Commissioner Matt Twist, a senior officer in the Metropolitan Police Service (the &quot;Met&quot;), released a statement giving the police's account of the incident and the &quot;legal basis for her arrest&quot; as requested by the OP. It is quite lengthy but I have resisted editing or redacting it to ensure the whole statement is available to those users (like me) that would rather not follow anonymous links. I have also resisted emboldening any of the text to allow users to make up their own minds without any unconscious bias on my part. Finally, I have left my original answer as is for posterity. The statement in full reads as follows (with the description of what caused the arrest bolded): “It is clear from the video that has been shared online that this incident was distressing for the woman involved and particularly for her child. We understand why it has prompted significant public concern and we want to be transparent about our position and the role of our officers. “Officers from the Met’s Roads and Transport Policing Command were supporting TfL ticket inspectors on a pre-planned operation in Whitehorse Road, Croydon on Friday, 21 July. As buses pulled into the stop, TfL inspectors would check the tickets of those onboard and also those getting off. “Anyone without a valid ticket is required to provide their details to a TfL inspector so a penalty fare can be issued. This is not a policing matter. Officers only become involved where details are not provided or where someone tries to leave when challenged. “The woman involved in this incident was asked to provide her ticket as she got off the bus, but did not do so. She was spoken to by a TfL inspector, then by a PCSO and finally by a police officer. She continued to try to walk away and did not provide her ticket for inspection. “She was arrested on suspicion of fare evasion and was handcuffed. When officers were able to take her ticket from her so that the TfL inspectors could check it, they were able to confirm it was valid. She was immediately de-arrested and her handcuffs were removed. “Throughout the incident, the child was comforted by a PCSO who immediately recognised his distress. Anyone seeing how upset he was would be moved by this, and we regret any impact it may have on him. “We recognise that the use of handcuffs can be a cause of concern, particularly given the context of this incident and the type of offence involved, but when a person is trying to physically leave an incident it is an option officers can consider. All uses of force must be proportionate and necessary in the circumstances. “Ticket inspection operations of this nature are difficult. They place police officers in direct confrontation with frustrated members of the public and could escalate what would otherwise be civil matters to a different level. “This incident raises questions about the extent to which officers are having to intervene in this way when supporting TfL in their operations. We will now work with TfL to ensure that the balance is right between officers tackling the most serious crime on the transport network and supporting their own operations to ensure revenue protection. “An initial review of the officers’ actions did not identify any conduct matters but we will reflect on it carefully, in discussion with communities locally, to urgently identify any opportunities to do things differently. “Given the level of community concern generated we believe it is in the public interest to voluntarily refer the matter to the Independent Office for Police Conduct to review.” ORIGINAL ANSWER YES A breach of the Regulations is a summary offence. As such, a suspect may be arrested if all the relevant conditions at section 24 Police and Criminal Evidence Act 1984 are met. See section 67 Public Passenger Vehicles Act 1981: Penalty for breach of regulations. Subject to section 68(1) of this Act [i.e. reasonable excuse], if a person acts in contravention of, or fails to comply with, any regulations made by the Secretary of State under this Act and contravention thereof, or failure to comply therewith, is not made an offence under any other provision of this Act, he shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale. And see Paragraph 7 Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990: (2) ... every passenger on a vehicle being used for the carriage of passengers at separate fares shall– (a)declare, if so requested by the driver, inspector or conductor, the journey which he intends to take, is taking or has taken in the vehicle; (b)where the vehicle is being operated by the driver without a conductor– (i)save as provided in (ii) below, immediately on boarding the vehicle, pay the fare for the journey he intends to take to the driver or, where appropriate, by inserting in any fare-collection equipment provided on the vehicle the money or token required to pay that fare; or (ii)if otherwise directed by the driver, an inspector or a notice displayed on the vehicle, shall pay the fare for his journey in accordance with the direction; (c)where the vehicle is being operated by the driver with a conductor, pay the fare for the journey which he intends to take, is taking, or has taken in the vehicle to the conductor immediately on being requested to do so by the conductor or an inspector; (d)accept and retain for the rest of his journey any ticket which is provided on payment of a fare in accordance with sub-paragraph (b) or (c); (e)produce during his journey any ticket which has been issued to him either under sub-paragraph (d) or before he started his journey for inspection by the driver, inspector or conductor on being requested to do so by the driver, inspector or conductor; and (f)as soon as he has completed the journey for which he has a ticket, either– (i)leave the vehicle; or (ii)pay the fare for any further journey which he intends to take on the vehicle. Paragraph 7 covers numerous alternative scenarios and as I have not seen the video, nor know the surrounding circumstances, I have emboldened the more likely alleged breach(es). I will review this if/when more details become available.
can really anyone in Germany call the police on others without proof of anything? Anyone anywhere can call the police without proof of anything as long as they have a phone. The question is, what will the police do about it. Police in Germany are more professional and less corrupt than in many countries in the world (e.g. they are much less corrupt than police in much of the United States or police in Southern Italy or Mexico, or in much of the &quot;third-world&quot;). Most German police are unlikely to exercise their power unless they are genuinely deceived into thinking that you committed an actual crime. But, German cops are human too. Some German cops are bad cops and even good cops aren't perfect truth detectors or bias free. and if so what are my rights? There has to be some evidence to arrest you or prosecute you, but testimony from people who claim to be eye witnesses is a form of evidence and proof. People are routinely convicted of crimes (everywhere in the world) based solely upon the testimony of other people with no additional proof. This is usually a good rule. As a society we don't want the criminal justice system to let people who commit crimes that are witnessed by lots of truthful witnesses and testified to, to go free just because there is no non-testimonial evidence. But because people lie (or are simply mistaken about the truth) sometimes, it isn't a perfect way of determining who is guilty and who is innocent. You also have the right to lodge a complaint of criminal defamation with the police in Germany and in Germany hundreds of thousands of such cases are prosecuted by police every year. Making false accusations against you (or even just insulting you in an extremely offense manner) as they did is a minor crime in Germany. and the person I mentioned had 2 of his employees with him but I am sure and I know for a fact they are on his side and I had no witnesses with me so how can I prove I am innocent? if they agreed on making up a story against me? The possibility that people will be wrongfully arrested and wrongfully convicted of crimes because people lie and authorities believe the people who are lying is a constant risk. The best you can do is to tell your story consistently and honestly and hope that you are believed. But it is impossible to eliminate the risk that people will lie and be believed and that you will suffer the consequences, even if you are doing everything right. In the long run, you may want to avoid people who you think would lie and make false accusations around you, and to have the presence of either friendly witnesses and/or audio/visual recording at times when you are in their presence. You may also, as a long run strategy try to figure out if there was anything you could have done to prevent them from being out to get you so badly that they would make false accusations against you. While I don't want to blame the victim, and often enough, especially for example, if you are a foreigner or otherwise different in a homogeneous community some people are doing to hate you for no reason, sometimes their real motivation may be a failure to follow social norms that are not actually illegal, or a misunderstand that could be cleared up.