Sheriffs Authority (Powers Of Arrest) Flashcards

1
Q

From what Legislation does a Sheriff derive their Authority as a Peace Officer?

A

Peace Officer Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What legislation gives the Sheriff authority to request identification from a person entering a Courtroom?

A
Judicature Act 
S 51(1)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define “Finds Committing”

A

Catch the person Red Handed; observe the commission of an offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Peace Officers Powers of Arrest are found in what Section?

A

S. 495

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

S. 29 of the CC states that you must have ____ (what?) in your possession when feasible?

A

A warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What type of Offense do the RICE factors apply to? & what does it stand for?

A

Summary conviction; indictable offenses in S. 553

Repetition
Identity
Court
Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What section of the criminal code authorizes citizens arrest?

A

494

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What specific section of the CC deals with property owners powers of arrest?

A

S. 494(2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Under what circumstances can a Sheriff use reasonable and probable grounds in making an arrest?

A

Has committed a criminal offense + escaping from + freshly pursued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Section 494(3) CC directs that what be done with an arrested person?

A

Deliver that person forthwith to a Peace Officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What arrest authority is provided in Section 31 of CC?

A

Prevention of the Breach of Peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Cite a Provincial Statute that provides a Sheriff an arrest authority

A

Gaming & Liquor Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Gaming & Liquor Act?

A

A Provincial Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What arrest authority does not require that an offense has been committed

A

S. 31 Breach of Peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where does Sheriffs Authority come from?

A

Peace Officer Act & Regulations
Judicature Act
Criminal Code
Policy & Regulations

Gaming & Liquor Act
Trespass to Premises Act
Crown Property Regulation
Common Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Articulate which sections of the Acts a Sheriff regularly uses

A

Judicature Act S 51(1)

Gaming & Liquor Act 115(1) (Taking intoxicated person into Custody)