Powers of Arrest C.C. (Citizen / Police) Flashcards
S. 494 (1) Arrest without warrant by any person
Anyone may arrest without warrant
S. 494 (1) (a)
a person whom he finds committing an indictable offence;
S. 494 (1) (b)
a person who, on reasonable grounds, who believes
S. 494 (1) (b) (i)
has committed a criminal offence; AND
S 494 (1) (b) (ii)
is escaping and freshly pursued by persons who have lawful authority to arrest that person
S. 494 (2) Arrest by owner, etc of property
The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without warrant if they FIND them committing a criminal offence on or in relation to that property; AND
S. 494 (2) (a)
they make the arrest at that time; or
S. 494 (2) (b)
they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstance for a peace officer to make the arrest.
S. 494 (3)
Delivery to Peace Officer
Anyone other than a peace officer who arrest a person without warrant shall forthwith deliver the person to a peace officer
S.495(1) Arrest without warrant by peace officer
A peace officer may arrest without warrant
S.495(1) (a)
a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indicatble offence;
S. 495(1) (b)
a person whom he finds committing a criminal offence; or
S.495(1) (c)
a person in respect of whom he believes has reasonable grounds to believe that a warrant of arrest or 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.
