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Ontario Security Guard Licence Exam Prep · Question

Under Section 494 of the Criminal Code, when can a citizen arrest a person NOT 'found committing' an offence?

While 'found committing' is the standard for most arrests, Section 494(1)(b) allows a citizen to arrest someone they believe on reasonable grounds has committed

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Question: Under Section 494 of the Criminal Code, when can a citizen arrest a person NOT 'found committing' an offence?

Answer options:

  • There are no exceptions. ✅ When the person is escaping from and freshly pursued by those with authority to arrest.
  • If the guard sees a photo of the person on a 'wanted' poster.
  • If a witness tells the guard the person committed a crime an hour ago.

Correct answer: When the person is escaping from and freshly pursued by those with authority to arrest.

Explanation: While 'found committing' is the standard for most arrests, Section 494(1)(b) allows a citizen to arrest someone they believe on reasonable grounds has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest.

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