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)

Criminal Offences

Summary

OffencesHybrid

OffencesIndictabl

e Offences

Summary Offences Definition Penalties/

PunishmentExamples

-Minor criminal offences

-Maximum penalty for most summary offences is no more than $2 000 and/ or six months in jail-Exceptions:Possession of Narcotics can hold a summary penalty of $2 000 and/or imprisonment for one year

- Loitering- Trespassing at Night- Causing a disturbance- Coin, Defacing- Impersonating at an examination

Hybrid/Dual OffencesDefinition Penalties/

PunishmentsExamples

Are offences in which the Crown Attorney has the right to proceed with the offence as a summary offence and impose a less severe punishment or proceed with the offence as an indictable offence.

Are determined by whether the Crown elects to proceed with the offence as either a summary or indictable offence.

-False alarm of fire-Mailing obscene matter-Public Mischief- Threat or Uttering-Theft

Indictable OffencesDefinitions Penalties/

PunishmentsExamples:

These offences are more severe in nature. They carry greater penalties and punishment than summary offences

Maximum: life imprisonmentSome indictable offences have a maximum and minimum penalty set and the punishments are determined by the Criminal Code.

-Murder-Assault-Treason-Weapon Offences-Driving while impaired

Reasonable GroundsSource/ Section Definition

- Basic Police Powers Textbook- Not defined in the Criminal Code but instead is defined in Case Law

Case Law Definition: “ a set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond mere suspicion.”

Meaning that: If an ordinary person can draw from the facts around them and the event itself and create a reasonable belief of wrong doing, they may proceed on the belief of reasonable grounds.

Peace OfficerSource/Section Definition

- Criminal Code of Canada- Section 2: Interpretation- Under Peace Officer

A Peace officer can include the following people as well as police officers:-Mayor, Warden, Justice of the Peace- A member of the Correctional Service of Canada such as a Jailer, Guard, Instructor, etc.- A Customs Officer- A pilot in the command of an aircraft- Officers of the Canadian Forces

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 WarrantArrest 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