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Powers of Arrest. Overview. Classifications of offences Summary Hybrid Indictable Reasonable grounds What is a Peace Officer? (sec. 2) Citizens Powers of Arrest (sec. 494) Police Officers Powers of Arrest (sec. 495). Summary Offences . Hybrid/Dual Offences. Indictable Offences.
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Overview • Classifications of offences • Summary • Hybrid • Indictable • Reasonable grounds • What is a Peace Officer? (sec. 2) • Citizens Powers of Arrest (sec. 494) • Police Officers Powers of Arrest (sec. 495)
Sections that Cover Powers of Arrest • Section 494 • Arrest without a warrant by any person • Section 495 • Arrest without a warrant by a peace officer
Section 494: Citizen’s Power of Arrest Arrest without a warrant by any person Any person may arrest without a warrant when the offence is covered in the below options. • A person whom they find committing an indictable offence • A person who, on reasonable grounds, he /she believes • Has committed a criminal offence and • Is escaping from and freshly pursued by persons who have lawful authority to arrest that person Arrest by Owner of property. Anyone who is, • The owner or person in lawful possession of property, or • A person authorized by the owner or by a person in lawful possession of property May arrest without a warrant a person whom he finds committing a criminal offence on or in relation to that property Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
How to Conduct a Citizens Arrest: • http://www.youtube.com/watch?v=m5_lFT52NrU
Section 495: Police Powers of Arrest Without a Warrant Arrest without warrant by a peace officer A peace officer may arrest without warrant • 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; • a person whom he finds committing a criminal offence; or • a person in respect of whom he has reasonable grounds to believe that a warrant of arrest is in place for that person within their jurisdiction or territory.
Videos of Police Arrests • http://www.youtube.com/watch?v=dK1-iZPr-9o