9.5-Section 494: Powers of Arrest

Arrest without warrant by any person

  • 494(1) Any one may arrest without warrant
    • (a)a person whom he finds committing an indictable offence; or
    • (b)a person who, on reasonable grounds, he believes
      • (i)has committed a criminal offence, and
      • (ii)is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Arrest by Owner of Property

(2) If the owner or a person in lawful possession of property, or a person authorized by the owner or a person in lawful possession of property, finds a person committing a criminal offence on or in connection to that property, they may arrest that person without a warrant.

  • (a)they make the arrest at that time
  • (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 circumstances for a peace officer to make the arrest

Delivery to Peace Officer

(3) Anyone other than a peace officer who arrests someone without a warrant must immediately hand the subject over to a peace officer.

For Greater Certainty

(4) For more certainty, a person allowed to make an arrest under this section is also a person authorized by law to make an arrest under section 25.