Arrest Procedure

Here are the 5 steps to a proper arrest procedure:

1. Identify yourself;  “I am a security guard for ”

2. Tell the person;  “you are under arrest”

3. Give the reason;  “for the theft of an iPad”

4. Take physical control (make contact)

5. As soon as possible after the arrest, such as when you are back at the security or manager’s office, inform the offender that:

(i) he or she has the right to retain and instruct whichever counsel they wish

(ii) legal aid is available immediately, free of charge and toll free if he or she needs it

(iii) he or she may contact a parent, relative, guardian or other adult (if a young offender)

(iv) a telephone and list of lawyers (yellow pages) would be made available.  (If he or she phones a lawyer, allow the person to talk in privacy.  Record all responses to your questions if you had an interview with the offender)

Security Guard’s Authority to Arrest (How to Perform A Citizen’s Arrest) s. 494 of the CC

Arrest without warrant by any person

494. (1) Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest by owner, etc., of property(

494. (2) Any one who is

(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
Delivery to peace officer

494. (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.