Most people want to know
when the police can arrest you without a warrant. It’s been a topic among many
citizens and I hope this blog post can help shed some light on the issue. The
provision of the law with regards to arrest without a warrant can be found in
the Police Act and the Criminal Code.
when the police can arrest you without a warrant. It’s been a topic among many
citizens and I hope this blog post can help shed some light on the issue. The
provision of the law with regards to arrest without a warrant can be found in
the Police Act and the Criminal Code.
Section 24 of the Police
Act, provides that a police officer can lawfully arrest without warrant in the
following cases –
Act, provides that a police officer can lawfully arrest without warrant in the
following cases –
1. Any
person whom he finds committing any felony, misdemeanour or simple offence;
person whom he finds committing any felony, misdemeanour or simple offence;
2. Any
person whom he reasonably suspects of having committed or of being about to
commit any felony, misdemeanour or breach of the peace;
person whom he reasonably suspects of having committed or of being about to
commit any felony, misdemeanour or breach of the peace;
3. Any person whom another has charged with
having committed a felony or misdemeanour;
having committed a felony or misdemeanour;
4. Any
person whom another suspects of having committed a felony or misdemeanour ;
person whom another suspects of having committed a felony or misdemeanour ;
5. Any
person whom another has charged with having committed a simple offence.
person whom another has charged with having committed a simple offence.
It should be noted that a
felony means an offence on conviction for which a person can, without proof of
his having been previously convicted of an offence, be sentenced to death or to
imprisonment for three years or more, or which is described by law to be a
felony.
felony means an offence on conviction for which a person can, without proof of
his having been previously convicted of an offence, be sentenced to death or to
imprisonment for three years or more, or which is described by law to be a
felony.
A misdemeanour is an
offence, which on conviction; a person may be punished by imprisonment for not
less than six months but not more than three years.
offence, which on conviction; a person may be punished by imprisonment for not
less than six months but not more than three years.
A simple offence is an
offence which is neither a felony nor a misdemeanour. It is just any category
of offence which on conviction a person cannot be sent to terms of imprisonment
up to six months.
offence which is neither a felony nor a misdemeanour. It is just any category
of offence which on conviction a person cannot be sent to terms of imprisonment
up to six months.
According to the above, it
seems a police officer can arrest without an arrest warrant every time.
seems a police officer can arrest without an arrest warrant every time.
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