A security guard observes an individual attempting to shoplift. The individual sees the guard and drops the merchandise, then surrenders immediately with no resistance. Can the security guard still lawfully arrest this individual?

Question: A security guard observes an individual attempting to shoplift. The individual sees the guard and drops the merchandise, then surrenders immediately with no resistance. Can the security guard still lawfully arrest this individual?

Answer options:

• No, because the individual surrendered, the crime is no longer 'in progress'. ✅ Yes, because the guard found the individual committing an indictable offence or an offence for which they could be summarily convicted.
• No, because no physical force was used or threatened by the individual.
• Yes, but only if the individual was previously banned from the store.

Correct answer: Yes, because the guard found the individual committing an indictable offence or an offence for which they could be summarily convicted.

Explanation: Section 494(1)(a) of the Criminal Code allows a private citizen to arrest a person whom they find committing a criminal offence. Attempted theft is a criminal offence, and the act of finding them committing it allows for arrest, even if they subsequently surrender.