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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

Marginal note:Arrest without warrant by any person

  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note:For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

  • R.S., 1985, c. C-46, s. 494
  • 2012, c. 9, s. 3
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