If this transfer does not take place what is the legal situation then? Could the person making the citizens arrest be accused of holding a person against their will?
Section 4 above refers to an 'arrestable offence' and this means that the maximum sanction must be five years or more in jail. Therefore the dog fouling neighbour should not be arrested - but most crimes have tariffs that are high at the maximum level.
This suggests to me that there might be a lot of people making a citizens arrest who might not be entitled to make a citizens arrest. If a person falsely makes a citizens arrest are there consequences for them?
In most cases the person making the arrest will not be aware of it: a security guard stops someone shop lifting,
The point being that it happens on the spur of the moment, it is not some thing you spend several days discussing before you go out and do it...