 Classifications of offences  Summary  Hybrid  Indictable  Reasonable grounds  What is a Peace Officer? (sec. 2)  Citizens Powers of Arrest (sec. 494)  Police Officers Powers of Arrest (sec. 495)

Criminal Offences Summary Offences Hybrid Offences Indictable Offences

DefinitionPenalties/ PunishmentExamples -Minor criminal offences-Maximum penalty for most summary offences is no more than $2 000 and/ or six months in jail -Exceptions: Possession of Narcotics can hold a summary penalty of $2 000 and/or imprisonment for one year - Loitering - Trespassing at Night - Causing a disturbance - Coin, Defacing - Impersonating at an examination

DefinitionPenalties/ PunishmentsExamples Are offences in which the Crown Attorney has the right to proceed with the offence as a summary offence and impose a less severe punishment or proceed with the offence as an indictable offence. Are determined by whether the Crown elects to proceed with the offence as either a summary or indictable offence. -False alarm of fire -Mailing obscene matter -Public Mischief - Threat or Uttering -Theft

DefinitionsPenalties/PunishmentsExamples: These offences are more severe in nature. They carry greater penalties and punishment than summary offences Maximum: life imprisonment Some indictable offences have a maximum and minimum penalty set and the punishments are determined by the Criminal Code. -Murder -Assault -Treason -Weapon Offences -Driving while impaired

Source/ SectionDefinition - Basic Police Powers Textbook - Not defined in the Criminal Code but instead is defined in Case Law Case Law Definition: “ a set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond mere suspicion.” Meaning that: If an ordinary person can draw from the facts around them and the event itself and create a reasonable belief of wrong doing, they may proceed on the belief of reasonable grounds.

Source/SectionDefinition - Criminal Code of Canada - Section 2: Interpretation - Under Peace Officer A Peace officer can include the following people as well as police officers: -Mayor, Warden, Justice of the Peace - A member of the Correctional Service of Canada such as a Jailer, Guard, Instructor, etc. - A Customs Officer - A pilot in the command of an aircraft - Officers of the Canadian Forces

 Section 494  Arrest without a warrant by any person  Section 495  Arrest without a warrant by a peace officer

Arrest without a warrant by any person Any person may arrest without a warrant when the offence is covered in the below options.  A person whom they find committing an indictable offence  A person who, on reasonable grounds, he /she believes  Has committed a criminal offence and  Is escaping from and freshly pursued by persons who have lawful authority to arrest that person Arrest by Owner of property. Anyone who is,  The owner or person in lawful possession of property, or  A person authorized by the owner or by a person in lawful possession of property May arrest without a warrant a person whom he finds committing a criminal offence on or in relation to that property Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

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Arrest without warrant by a peace officer A peace officer may arrest without warrant  a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;  a person whom he finds committing a criminal offence; or  a person in respect of whom he has reasonable grounds to believe that a warrant of arrest is in place for that person within their jurisdiction or territory.

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