Sheriffs Authority (Powers Of Arrest) Flashcards
From what Legislation does a Sheriff derive their Authority as a Peace Officer?
Peace Officer Act
What legislation gives the Sheriff authority to request identification from a person entering a Courtroom?
Judicature Act S 51(1)
Define “Finds Committing”
Catch the person Red Handed; observe the commission of an offense
Peace Officers Powers of Arrest are found in what Section?
S. 495
S. 29 of the CC states that you must have ____ (what?) in your possession when feasible?
A warrant
What type of Offense do the RICE factors apply to? & what does it stand for?
Summary conviction; indictable offenses in S. 553
Repetition
Identity
Court
Evidence
What section of the criminal code authorizes citizens arrest?
494
What specific section of the CC deals with property owners powers of arrest?
S. 494(2)
Under what circumstances can a Sheriff use reasonable and probable grounds in making an arrest?
Has committed a criminal offense + escaping from + freshly pursued
Section 494(3) CC directs that what be done with an arrested person?
Deliver that person forthwith to a Peace Officer
What arrest authority is provided in Section 31 of CC?
Prevention of the Breach of Peace
Cite a Provincial Statute that provides a Sheriff an arrest authority
Gaming & Liquor Act
What is Gaming & Liquor Act?
A Provincial Statute
What arrest authority does not require that an offense has been committed
S. 31 Breach of Peace
Where does Sheriffs Authority come from?
Peace Officer Act & Regulations
Judicature Act
Criminal Code
Policy & Regulations
Gaming & Liquor Act
Trespass to Premises Act
Crown Property Regulation
Common Law