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Understanding POWERS OF ARREST

Understanding POWERS OF ARREST. The Law. Powers of Arrest. The following are rules, NOT suggestions These rules are absolute. They are not open to interpretation. Powers of Arrest. Section 494, Criminal Code of Canada: Anyone May Arrest Anyone they FIND COMMITTING

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Understanding POWERS OF ARREST

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  1. UnderstandingPOWERS OF ARREST The Law.

  2. Powers of Arrest • The following are rules, NOT suggestions • These rules are absolute. • They are not open to interpretation.

  3. Powers of Arrest Section 494, Criminal Code of Canada: Anyone May Arrest Anyone they FIND COMMITTING An Indictable Offence

  4. Powers of Arrest Translation: Anyone can make an arrest BUT ONLY if they find someone committing (in the act of) A relevant offence. NOTE: Having suspicions about a person is NOT enough to arrest them. Only a police officer has that power.

  5. Powers of Arrest SO… To arrest someone; You MUST Observeall the elements of the offence. You cannot arrestbased upon someone else’s account of what happened.

  6. Powers of Arrest The law also allows us To assist Arresting someone we reasonably believe Has been arrested* Has just escaped And is being pursued. *Arrested by someone with the lawful authority to do so (police, sheriff, LPO)

  7. Powers of Arrest So to act within the law: • We must observe the offence being committed in its entirety OR • In the case of assisting someone, have good reason to believe that; • They have committed an offence • Have been lawfully arrested • Have escaped and are being pursued

  8. Powers of Arrest The spirit of the law is that as an untrained private citizen, you must be as sure as you can reasonably be, before you attempt to arrest someone. It is therefore expected that you must be able to have observed for yourself, all the elements which would prove an offence is committed – you are expected to ‘know’ that the offence has been committed.

  9. Powers of Arrest Remember: The power to arrest someone is A complex issue. Certain offences are Extremely difficult to establish. Because of this, the following approach is recommended;

  10. Powers of ArrestExpectations: • Prevention is the preferred approach. • The decision to arrest is an absolute LAST RESORT. • Employees will not chase suspects through or outside the store. • Employees will provide reasonable assistance to any floor walkers. • Employees will avoid physical conflict wherever possible.

  11. Powers of Arrest The last word: If you use your power of arrest In an unlawful manner, You are personally liable • For civil action ($$$) • For disciplinary action • For possible criminal charges PREVENTION, NOT APPREHENSION!

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