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I've been called to magistrates court for benefit fraud. What can I expect? LocalSolicitors.com

I've been called to magistrates court for benefit fraud. What can I expect?

If you know who the officer in the case is, contact them and assuming that it is not evidence on which the Crown seek to rely, they should return it to you. If the police do not answer you or refuse to return the phone, you will need to make an application to the local magistates court for a hearing under the provisions of the Police Property Act 1897. Unless there is a good reason for the police seeking to retain it, the magistrates will order its return.

How long can the police hold my phone for?

Nisha Patel

There are certain situations in which an individual is authorised to make an arrest of another without having a warrant to do so. This is referred to as a citizen's arrest and encompasses times when a member of the public arrests a suspected criminal or directs a police officer to do so.

It is important to recognise that to make a legal citizen's arrest, individuals must abide by set rules. If a citizen's arrest is made outside of the rules, the individual may be liable for civil or criminal action against them. In England and Wales, the law states that a member of the public can arrest anyone "who is in the act of committing an indictable offence; or whom the person has reasonable grounds to suspect is committing an indictable offence."

The law does not clearly outline a list of indictable offences, though such an offence can be summarised as being one that is heard by a Crown court and assessed by a jury. Some examples of relevant crimes include:

 * Theft
 * Burglary
 * Criminal damage

The citizen's arrest can only legally be made if it is reasonable to believe that a police constable will not be able to make the arrest themselves. The member of the public is obliged to tell the person that they are arresting that they are doing so, the crime for which they are making the arrest and the reason for the arrest. The law allows a ‘reasonable level of force' to be applied in a citizen's arrest, though there is no specific guidance on what is considered to be ‘reasonable'. Therefore, sound judgement should be applied by anybody attempting to make a citizen's arrest to avoid any potential charges being made against them.

What is a citizen's arrest?

I've been called to magistrates court for benefit fraud. What can I expect?

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