Criminal Code

Marginal note:Arrest without warrant by any person

• 494 (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.