The analysis indicates concerns that there could be an increased likelihood of unreasonable force being used, especially towards children who are easier to catch and restrain due to their smaller size.
In February, the justice minister revealed plans to modify the citizen’s arrest regime following recommendations from a Ministerial Advisory Group (MAG) led by Sunny Kaushal.
The proposed changes include eliminating restrictions on the timing of citizen’s arrests, clarifying the use of restraints and reasonable force, and mandating individuals to contact police and abide by their instructions promptly.
These changes will be part of a broader overhaul of the Crimes Act, which will introduce instant fines for shoplifting, harsher penalties for assaulting first responders, and establish a specific offense for a “coward punch.”
The Regulatory Impact Statement from the ministry shows that the government’s approach is more conservative than the MAG’s initial recommendations but more ambitious than what the ministry preferred.
While the changes are expected to enhance the understanding of the law, they are not likely to significantly enhance public safety.
“The changes are coherent and somewhat reduce the risk of unintended consequences. While these proposals are not anticipated to reduce crime levels, they will provide clarity on the intervention process, post-arrest procedures, and the extent of force permissible to protect one’s property,” the statement highlighted.
Clarifying the rules around citizen’s arrests, including the use of restraints and the obligation to contact police promptly, is likely to formalize existing practices without altering them significantly.
However, there is a concern that the changes may inadvertently encourage the use of excessive force and restraints, leading to unlawful detentions, particularly concerning youth offenders who are easier to restrain physically.
The ministry expressed apprehension that these changes could disproportionately affect Māori individuals if more arrests occur due to the amendments.
Furthermore, removing restrictions on using force during an arrest may reduce ambiguity in the law but is not expected to have a substantial impact on public safety.
The analysis also pointed out concerns raised by the police regarding the changes, including inconsistent use of arrest powers, the risk of excessive force, vulnerability of children in detention, and escalation of violence in some situations.
It acknowledged limitations in the analysis due to time constraints, a narrow scope, and lack of extensive consultation, making it challenging to assess the effectiveness of the proposed changes.
While the government aims to enhance public safety through these amendments, the impact may be difficult to measure due to various factors influencing offending behaviors.
Additionally, the government is considering stricter sentences for “coward punches” to deter such surprise attacks.
A legal expert in Auckland has cautioned about the potential for citizen’s arrests to escalate into the use of unreasonable force, including lethal actions.
