Police Powers Week 5

Police Powers Week 5 Find committing Breach of Peace After you find committing then you can arrest on reasonable grounds someone will join in or renew Breach of Peace -Breach of Peace is not an offence so you cannot charge for Breach of Peace -You must release when danger is over -There is no definition of Breach of Peace, must rely on Case Law -Violation of peace and quite -Harm is likely to person or property -Causes fear someone will get hurt -Arrest is not the same as charge May- You have a choice Shall- MUST, MANDATORY= No Choice And- Need both Or- Need one or the other Why Arrest? Protect Public - Prevent them from committing offences - Prevent them from harming self -Evidence -Identify him R – Repetition of the offence or prevention of offences I – Identity of the accused C – Court – ensure accused will appear E – Evidence relating to the offence 495(2) – Shall not arrest unless RICE is fulfilled a) Section 553 Indictable – Not exceeding $5000 of fines b)Dual/Hybrid/Crown elect c)Summary Conviction Charge means you swear an information before a Justice -Person is not charged with an offence until Justice sign the information -Anyone can swear an information if they have reasonable grounds someone committed an offence

494 – Citizens Power of Arrest

1) Find committing an indictable offence 2) Reasonable Grounds – has committed a criminal offence AND is escaping and freshly pursued by person with lawful authority to arrest. 3) Owner or person in lawful by possession finds committing criminal offence on the property 4) Owner or person in lawful possession finds committing criminal offence in relation to the property 5) Person authorized by the owner or person in lawful possession finds committing criminal offence on the property 6) Person authorized by owner or person in lawful possession finds committing a criminal offence in relation to the property.