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Section 494 (2) of the Criminal Code allows a security professional acting as an agent for the owner to arrest for which of the following?

Question

Section 494 (2) of the Criminal Code allows a security professional acting as an agent for the owner to arrest for which of the following?

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Solution

Section 494 (2) of the Criminal Code of Canada allows a security professional, acting as an agent for the owner, to arrest a person in the following circumstances:

  1. If they find them committing a criminal offence on or in relation to the property. This includes both indictable and summary conviction offences.

  2. If they have reasonable grounds to believe that the person has committed a criminal offence in relation to the property, and they make the arrest within a reasonable time after the offence is committed.

This means that a security professional can arrest someone if they are caught in the act of committing a crime, or if there is reasonable belief that they have committed a crime on the property. The arrest must be made within a reasonable time after the offence is committed.

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