Last Thursday the Tribune reported the brazen performance of a shot gun wielding driver who trapped two men in their vehicle after suspecting one of them of being the culprit of a previous hit and run incident (you can view the report here). Surely the event reminds you of a heart pounding scene from your favorite action packed movie, but in actuality a fine example of an act of arrest made by an ordinary citizen, commonly known as “citizen’s arrest”, the power of which is granted by Section 103 of the Penal Code (Ch.84).

According to this section, any person may arrest and detain another person who has committed a felony, and may use any force which is necessary for his arrest, detention or recapture (even kill him) if he cannot by any means otherwise be arrested, detained or re-taken. In using necessary force, the accused must have notice or believe that he is accused of a felony avoids arrest by resistance, flight, or escape from custody. For this reason, it seems as if the heroic citizen who bore witness to the hit and run incident may have acted within the limits of the law.

Perhaps what really brings out excellence in maintaining law and order in The Bahamas is through those that are just fed up with the criminal insurgency that is slowly crippling our island economy. Just maybe, the part of the answer to this stubborn issue of crime in this country lies through more awareness of Penal Code S103, establishing training programs that will serve to properly instruct the average citizen on how to safely and properly arrest an offender without legal ramification. This along with the provision of CCTV technology in all neighborhood subdivisions just may curb the criminal appetite, but certainly action is far better than none at all.

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