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Security Guard Licence (Canada) · Question

According to the Criminal Code of Canada, when can a private person (including a security guard) make an arrest without a warrant?

Section 494 of the Criminal Code outlines the powers of arrest for a private person. It states that a private person may arrest without a warrant when they find

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Question: According to the Criminal Code of Canada, when can a private person (including a security guard) make an arrest without a warrant?

Answer options:

  • Only when a crime is committed in their presence. ✅ When they find a person committing a criminal offence, or on reasonable grounds believe a person has committed a criminal offence and is escaping from persons who have lawful authority to arrest that person.
  • When they suspect someone might commit an offence in the future.
  • Only when requested by a police officer.

Correct answer: When they find a person committing a criminal offence, or on reasonable grounds believe a person has committed a criminal offence and is escaping from persons who have lawful authority to arrest that person.

Explanation: Section 494 of the Criminal Code outlines the powers of arrest for a private person. It states that a private person may arrest without a warrant when they find an individual committing an indictable offence, or on reasonable grounds believe a person has committed a criminal offence and is escaping from persons who have lawful authority to arrest that person.

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