01-01 Arrest

Question 1

Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by any person.
In addition to the authorities to arrest without warrant given to any person in s. 494 CC, a peace officer is given additional
authorities under ss. 495(1), 524(2), 525(6) and 31(1) CC. A peace officer may arrest any person who

Answer 1

495(1) a) has committed an indictable offence, or a person the officer believes on reasonable grounds
has committed or is about to commit an indictable offence
b) the officer finds committing a criminal offence
c) on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal,
which is in force within the territorial jurisdiction where the person is found, or
524(2) and 525(6) d) has contravened or is about to contravene the terms of a criminal release
e) has committed an indictable offence while on release for a criminal offence
31(1) f) is found committing or it is believed on reasonable grounds is about to commit a breach of the
peace

Question 2

A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offences
where there are reasonable grounds to believe the public interest has been satisfied having regard to all the circumstances
including the need to

Answer 2

 establish the identity of the person
 secure or preserve evidence
 prevent the continuation or repetition of an offence
 ensure that the accused will appear in court
 ensure the safety and security of any victim or of witness to the offence.

Question 3

Arrest - In circumstances where the public interest is satisfied, an offender must be released

Answer 3

 unconditionally with no intent to proceed to court
 unconditionally with intent to seek a criminal summons, or
 by way of an Appearance Notice (Form 9).
A police officer may continue the arrest (summary, dual, indictable 553 offences) of a person where the public interest is
not satisfied or for any indictable offence other than dual procedure and 553 indictable offences. The criteria for satisfying
the ‘public interest’ are set out in s. 497 CC.
In circumstances where a continued detention is justified, the arrested person must be taken before an Officer in Charge.

Question 4

As a general rule, police officers are required to obtain a warrant prior to entering a dwelling–house to arrest a person.
Entry to a dwelling–house to affect an arrest is prohibited unless

Answer 4

 the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
 the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
 when there are reasonable grounds to suspect that entry into the dwelling–house is necessary to prevent imminent
bodily harm or death to any person, or
 when there are reasonable grounds to believe that evidence relating to the commission of an indictable offence is
present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or
imminent destruction of evidence, or
 in circumstances of fresh pursuit.
Prior to entering a dwelling–house to execute an arrest warrant, members shall, whenever possible, obtain
 an endorsement on the arrest warrant under ss. 529(1) CC, or
 an authorization warrant (Form 7.1) under s. 529.1 CC.

Question 5

Excited delirium is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of
both. Symptoms displayed by persons suffering from the condition may include any combination of

Answer 5

 abnormal tolerance to pain
 abnormal tolerance to pepper spray
 acute onset of paranoia
 bizarre or aggressive behaviour
 disorientation
 hallucinations
 impaired thinking
 panic
 shouting
 sudden calm after frenzied activity
 sweating, fever, heat intolerance
 unexpected physical strength
 violence towards others.