Dáil Éireann Debate, Thursday - 4 December 2025
374. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration if his Department has assessed the need for formal public guidance, accessible online and through Garda stations, clarifying the responsibilities, limits, and legal risks associated with a citizen’s arrest; and the timeline for developing such guidance. [68753/25]
Amharc ar fhreagraAn Garda Síochána is the relevant authority for investigating crimes and anyone who wishes to report a crime should contact a member of An Garda Síochána immediately, or call the Garda Confidential line on 1800666111.
My Department has no plans to provide formal guidance to the public regarding citizen's arrests. Under section 9 of the Policing, Security and Community Safety Act 2024, it is the responsibility of An Garda Síochána to provide policing services and security services for the State.
As I stated in my previous reply to the Deputy, section 4 of the Criminal Law Act 1997 confers powers of arrest on any person, including a member of An Garda Síochána, regarding arrestable offences. Where a person other than a member of An Garda Síochána arrests someone, it is subject to the provision that the arrested person is avoiding, or would otherwise attempt to avoid, arrest by a member of An Garda Síochána. It is also subject to the provision that the arrested person is transferred into the custody of An Garda Síochána as soon as is practicable.
As Minister, I cannot interpret the law nor can I provide legal advice.
