POLICE POWERS OF ARREST EXAMS SET
FEATURING SOLVED QUESTIONS AND
ACCURACY CHECKED ANSWERS
●● What are some of the consequences of improper arrest?
Answer: - Charter violations can lead to civil law suits
- Application of force in an unlawful arrest may be deemed 'assault' -
criminal charges may apply
- If your arrest itself is unlawful, the force is likely unlawful too
- May result in inadmissible evidence, acquittal, internal discipline
●● What is the officer liable for mistaken belied or mistaken fact?
Answer: - The officer is not liable for a mistake in fact if their belief is
reasonable
- The officer is liable for a mistake in law
●● What are the offence classification?
Answer: Indictable
- More serious offences
Summary conviction
- Less serious offences
Dual procedure/hybrid
, - Can be prosecuted as either by courts, but officers treat dual procedure
offences as indictable for arrest purposes
There are really only two options for arrest
All criminal code offences fall into one of these three categories
(provincial offences do not)
●● What are reasonable grounds?
Answer: - A collection of circumstances or facts that lead an ordinary,
cautious and prudent person to form a strong belief
---- Belief not 'suspicion'
- Based on observations, witness evidence, physical evidence, suspect
statements, logic, circumstantial evidence
- You did NOT see the offence happen
●● What does s.495 arrest without a warrant outline?
Answer: A peace officer MAY arrest without warrant
a) a person who has committed an indictable offence or, who on
reasonable grounds the officer believes has committed or is about to
commit an indictable offence
b) a person found committing a criminal offence; or
c) a person the officer has reasonable grounds to believe that a warrant
of arrest or committal is in force in the territorial jurisdiction where the
person is found
FEATURING SOLVED QUESTIONS AND
ACCURACY CHECKED ANSWERS
●● What are some of the consequences of improper arrest?
Answer: - Charter violations can lead to civil law suits
- Application of force in an unlawful arrest may be deemed 'assault' -
criminal charges may apply
- If your arrest itself is unlawful, the force is likely unlawful too
- May result in inadmissible evidence, acquittal, internal discipline
●● What is the officer liable for mistaken belied or mistaken fact?
Answer: - The officer is not liable for a mistake in fact if their belief is
reasonable
- The officer is liable for a mistake in law
●● What are the offence classification?
Answer: Indictable
- More serious offences
Summary conviction
- Less serious offences
Dual procedure/hybrid
, - Can be prosecuted as either by courts, but officers treat dual procedure
offences as indictable for arrest purposes
There are really only two options for arrest
All criminal code offences fall into one of these three categories
(provincial offences do not)
●● What are reasonable grounds?
Answer: - A collection of circumstances or facts that lead an ordinary,
cautious and prudent person to form a strong belief
---- Belief not 'suspicion'
- Based on observations, witness evidence, physical evidence, suspect
statements, logic, circumstantial evidence
- You did NOT see the offence happen
●● What does s.495 arrest without a warrant outline?
Answer: A peace officer MAY arrest without warrant
a) a person who has committed an indictable offence or, who on
reasonable grounds the officer believes has committed or is about to
commit an indictable offence
b) a person found committing a criminal offence; or
c) a person the officer has reasonable grounds to believe that a warrant
of arrest or committal is in force in the territorial jurisdiction where the
person is found
