Mar 3, 2016

When a Police officer can arrest without a warrant

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. 

Section 24 of the Police 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;

2.     Any 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;

4.     Any person whom another suspects of having committed a felony or misdemeanour ;

5.     Any 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.

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.

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.

According to the above, it seems a police officer can arrest without an arrest warrant every time.