澳洲酒测五倍超标，男子遭到公民逮捕

在澳大利亚澳洲新闻



上周日晚上，一些司机在墨尔本一条繁忙的高速公路上发现了一名涉嫌酒驾的司机，尾随在后并迫使他停车。

维州警方赞扬了这些好心人的公民逮捕行为。

警方在一份声明中表示，周日晚上八点左右，好心人司机们迫使之前已经被吊销驾照的酒驾司机在Laverton North区的Princes Freeway上停车，然后从车上拔走了他的车钥匙。

那几名司机多次对着酒驾司机闪灯，并示意其停车。

警方表示，初步的呼气测试显示，这名48岁来自Bell Park区男子的体内酒精含量为0.254，也就是法定标准的5倍。

警方称，他们预计将以酒后驾驶和其他交通违规行为对男子提出起诉。

男子所驾驶的丰田卡罗拉已经被扣押。

http://www.news.com.au/national ... ab73d7fd3525c42029c

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参与公民逮捕的人犯法不？

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估计不走直线被发现。公民逮捕的时候一定要有绝对压制优势，否则酒疯子药疯子容易发生伤人事件。

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治安基本靠民众了

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这种情形当然不犯法。

0.254是full licence 合法酒精量的5倍了，如果不拦下来，肯定会出危险。

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这几个人是故意的吗？

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太給力了。

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有没有专业人士讲解一下，澳洲各州对公民逮捕有一个怎样的定义？以后万一有情况，咱也好合法操作一下。

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同等专业人士解释。

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幸亏好司机们给拦下来，对醉驾者和路人都好

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哈哈哈。

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好的法律鼓励善行

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citizen arrest第一次听说，学习了

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给好公民点赞

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A citizen's arrest is when you, as someone who is not a duly sworn police officer, detains a person because you know the other person is committing or has just committed an offence such as a theft, assault or criminal damage.

http://www.police.act.gov.au/crime/citizens-power-arrest

Factors to consider before making a citizen's arrest
You should never make a citizen's arrest merely on suspicion a person is committing or has just committed an offence. You must carefully consider a number of factors, including:

are you risking your personal safety?
do you have positive identification for the person?
are they a 'regular customer' or known to the store?
do you know where they live?
If you answered 'Yes' to any of these, do not detain the suspect and contact ACT Policing on 131 444.

You must also consider whether the circumstances constitute 'reasonable grounds' for making a citizen's arrest and your basis for forming a belief an offence is or has been committed.

The legislation that defines a citizen's powers of arrest
The legislation that allows you, in appropriate circumstances, to make a citizen's arrest, states:

A person who is NOT a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence.
A person who arrests another person shall, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a police officer.
You are legally required to inform the person why you have detained them, unless the suspect's actions make it impractical to inform them.

General guidelines about powers of arrest
You may place a person under citizen's arrest if you believe on reasonable grounds they have committed an offence or are in the course of committing such an offence.
Reasonable grounds means you have direct evidence that 'constitutes belief' that the person has committed an offence. An obvious example of 'reasonable grounds' would be if you were to actually see a customer take an item from a store shelf, put it into their pocket and then walk out of the store with that item, thus indicating a clear intention to not pay for it, and therefore steal it.
Suspicion means you have indirect evidence the customer has committed an offence. Examples of suspicion include: The theft protection buzzer sounds as someone exits the store; a person has spent an inordinate amount of time browsing and is consciously avoiding assistance.
To affect a citizen's arrest you must use clear words and state the reason for your action. Note: To say "I am detaining you" is preferred to "I am arresting you." This is not a legislative requirement, simply a more accepted term, especially if the matter is later considered in the courts. You are also required to tell the person ‘detained’ the reason or offence that you are detaining them for.
In the case of theft, it will be easier to prove that their intention was to commit an offence if you wait until they leave the premises. For offences like assault or criminal damage you do not have to wait until the person has left the business premises before detaining them.
The customer is under no obligation to answer any questions you may ask, but any questions they do answer should be taken down in writing and may be used in court.
The customer is under no obligation to give their name and address to you.
Using force when detaining someone
The legislation states, in connection with the use of force in making an arrest, that:

A person shall not, in the course of arresting another person for an offence, use more force, or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the other person after the arrest.
As a general rule, any force used must be reasonable and proportionate. The circumstances when some level of force may be justified include:

in self-defence
to prevent the escape of the offender.
The best approach to detaining a suspect is to use subtle methods of restraint such as standing around in numbers. Be very careful if you have requested a suspect to remain (of their own free will) on the premises. Indicating to a suspect that they would not be allowed to leave even if they wanted to, means that you have affected an arrest. Closing them in a room would also mean that you have affected an arrest.

Tips to improve your personal safety when detaining a person
Some simple procedures to increase your personal safety, should you need to detain someone:

citizen's arrests should always be made by a nominated senior member of the staff in the presence of a witness
be sure of what has been stolen
be sure that the suspect has no intention of paying for the item/s
be sure the suspect possesses the item/s that have not been paid for and know where the item/s are concealed
be sure the suspect has not replaced or disposed of the item/s
if you are male, do not remain alone in any secluded area or office with a female suspect and visa versa
do not search any suspect
do not solicit information from any witnesses about the offence
inform the person that you are detaining them for the purpose of discussing an item/items that the person may have that has not been paid for
the suspect must have been under constant observation
contact police immediately on 131 444
Points to remember
if in doubt, do nothing
it is you and your staff who can play a very effective role in 'in-store' security
prepare house policies and manuals
train your staff
invest in some deterring security systems
constantly remain calm and alert
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