Arrest Authorities

Question 1

What is s.494(1) of the Criminal Code?

Answer 1

Arrest authorities: arrest without warrant by any person or arrest by owner, etc. of property.

Question 2

What is s.495(1) of the Criminal Code?

Answer 2

Arrest authorities: arrest without warrant by a peace officer.

Question 3

What is the section of the Criminal Code pertaining to arrest without warrant by any person or arrest by owner, etc. of property?

Answer 3

Section 494(1)

Question 4

What is the section of the Criminal Code pertaining to arrest without warrant by a peace officer?

Answer 4

Section 495(1)

Question 5

What are the two situations in which a person may arrest another person without warrant?

Answer 5

1. A person whom they find committing an indictable offence.
2. A person who, on reasonable grounds, they believe has committed a criminal offence and is escaping from and freshly pursued by persons who have the lawful authority to arrest that person.

Question 6

When could a person arrest someone without warrant if they did not find them committing an indictable offence?

Answer 6

If they have reasonable grounds to believe they have committed a criminal offence and is escaping from and freshly pursued by persons who have the lawful authority to arrest that person.

Question 7

Who is able to arrest without warrant a person found committing a criminal offence on or in relation to a property?

Answer 7

The owner or a person in lawful possession of that property, or the person authorized by the owner of the property.

Question 8

When does the owner of property (or person authorized by the owner of the property) have authority to arrest without warrant?

Answer 8

If they find a person committing a criminal offence on or in relation to that property.

Question 9

What must a person do following the arrest of another person without warrant?

Answer 9

Anyone other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Question 10

What are the 3 situations in which a peace officer may arrest someone without warrant?

Answer 10

1. A person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence (did not witness).
2. A person who he finds committing an indictable offence (witnesses it).
3. If the peace officer has reasonable grounds to believe that a warrant of arrest of committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found (if he has reasonable grounds to believe there is a warrant for that person’s arrest).