BC Security Guard Licence Exam Prep · Question
A member of the public observes a person actively defacing public property. Can this private citizen legally arrest the individual?
Under Section 494(1)(a) of the Criminal Code, any private person may arrest without warrant a person whom they find committing an indictable offence. Defacing p
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Question: A member of the public observes a person actively defacing public property. Can this private citizen legally arrest the individual?
Answer options:
- No, only a police officer can make an arrest for property damage. ✅ Yes, because they are witnessing a criminal act.
- Only if the damage caused exceeds a certain monetary value.
- Yes, but only if they have prior training in citizen's arrest.
Correct answer: Yes, because they are witnessing a criminal act.
Explanation: Under Section 494(1)(a) of the Criminal Code, any private person may arrest without warrant a person whom they find committing an indictable offence. Defacing public property (mischief) can be an indictable offense.
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- Under what circumstances can a private citizen in British Columbia make an arrest?
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