Summary vs Indictable Offences in the UK
- Catch A Thief UK
- 2 days ago
- 3 min read
How This Determines What a Security Guard or Member of the Public Can Lawfully Do
Understanding the distinction between summary and indictable offences is essential for security professionals, retail staff, and members of the public. It informs how powers of detention, reasonable force, and citizen’s arrest can lawfully be applied.
🔹 1. Summary Offences
Definition:
Summary offences are less serious crimes and are only tried in Magistrates’ Courts.
Examples:
Low-level public order offences (e.g., s.5 Public Order Act)
Drunk and disorderly behaviour
Minor criminal damage (under £5,000)
Common assault (often, but not always, summary)
Road traffic offences (speeding, no insurance, careless driving)
Minor shop theft (low value but note on either-way below)
Powers & Legal Implications:
Police may arrest only when the “necessity test” is satisfied (PACE Code G).
Members of the public including security guards cannot arrest solely for a summary offence.
Security staff can:
Use reasonable force to protect themselves or others (common law)
Use reasonable force to eject someone from private property (trespass)
Call the police
Enforce store procedures (ban, trespass notice, etc.)
Key Point:
Security guards cannot carry out a citizen’s arrest for purely summary offences.
🔹 2. Indictable Offences (Including Either-Way)
Definition:
Indictable-only offences must go to Crown Court.
Either-way offences can be tried at Magistrates’ or Crown Court, depending on severity.
Examples Relevant to Retail & Security:
Theft (including shoplifting) – either-way
Burglary
Robbery
Assault occasioning actual bodily harm (ABH)
Grievous bodily harm (GBH)
Fraud
Criminal damage (over £5,000 or aggravated)
Threats with knives or other weapons
Why This Matters:
Under PACE s.24A, detention and citizen’s arrest powers apply only for indictable offences.
Even low-value shoplifting is an indictable offence, meaning security staff and the public may have lawful grounds to act under certain conditions.
🔹 3. PACE s.24A – Citizen’s Arrest Powers
Legal Foundation:
Citizen’s arrest can only be made if all the following apply:
A. Indictable Offence:
Theft (including shoplifting)
ABH/GBH
Burglary
Criminal damage over £5,000
Public order s.4, s.3
NOT Allowed:
Drunk and disorderly
Section 5 public order
Trespass
Minor criminal damage or low-level disorder
Begging
Breach of the peace (except under separate common law)
B. Necessity Test:
Arrest is only lawful if it is necessary to:
Prevent injury to a person
Prevent loss or damage to property
Stop the suspect from escaping before police arrive
Protect a child or vulnerable person
C. Reasonable Force:
Force must always be:
Proportionate
Necessary
The minimum required
Directed to meet an actual threat
Excessive force constitutes assault.
🔹 4. When a Security Guard CAN Act
✔ Detention for Theft / Attempted Theft (Indictable)
Reasonable suspicion of theft
Belief that arrest is necessary
Use of reasonable force only
Immediate contact with police
✔ Use of Reasonable Force to Prevent Harm
Even for summary offences, force is allowed for self-defence or defence of others, but not for detention.
✔ Ejecting Someone from Premises
Security may remove trespassers using reasonable force
Cannot detain unless an indictable offence has occurred
✔ Preventing Breach of the Peace
Common-law power allows intervention where:
Actual or imminent violence occurs
Property is at risk
Someone may be unlawfully detained
🔹 5. When a Security Guard CANNOT Act
❌ For purely summary offences no arrest powers
❌ Simply because a manager wants detention must be an indictable offence
❌ Searching someone without consent except for:
Consent given
Contractual terms (events, entry conditions)
Unattended bags or non-personal items
❌ Restrain longer than necessary – detention is for police arrival only
🔹 7. Practical Guidance for Security Guards
1. Identify the Offence Type
Theft → indictable → detention possible
Low-level disorder → summary → ejection only
2. Assess Necessity
Is detention necessary to prevent harm, loss, or escape?
3. Use Minimal Force
Always proportionate to the threat
4. Communicate Clearly and Safely
Identify yourself and your authority
5. Call Police Immediately
Ensure law enforcement takes over as soon as possible
6. Document Everything
Times, witnesses, actions taken are critical for legal protection.
Conclusion:
Knowing the difference between summary and indictable offences, and understanding citizen’s arrest and reasonable force rules, is vital for the safety of staff, customers, and the public. Proper training ensures lawful action, reduces risk, and supports effective crime prevention.
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