SEVEN STEPS TO A LEGAL ARREST IN CANADA
1. Identify yourself as a “Security Guard” for the property. (Anyone can request to see your security identification).
2. Tell the person they are under arrest
3. Take physical Control of the person by touching the arm area.
4. Tell the person the reason for the arrest the criminal offence that was committed.
5. Read the Rights to Counsel (from your back of your memo book) word for word. Place the person into restraints “Handcuffs”. Always ensure you double lock the handcuff restraint device.
6. Ask the person “do you understand” what was just read to them. At this time under common law practice you will ask the accused if they have any on your possession that could injure you or I. You will conduct a search for any device used for escape methods and safety the accused and your safety. You cannot search for stolen property, or seize evidence.
7. Escort the person back to the security office and call police, forthwith deliver to peace officer. When calling the police give the dispatcher as much information about the arrest and the correct directions to your security office. If the situation escalates, please call 911 and inform the Police dispatcher “you are having trouble holding the person under arrest you need help”.
When the police arrive on scene, please indicate the following: The accused was arrest by you. You witness the accused committing the criminal offence. The accused was read his right to counsel and was search for escape items and weapons for safety precautions.
REMEMER TO BE CLEAR WITH YOUR FACTS. At some point as these, above events unfold; you should record your actions in your memo to complete your incident report, and for court evidence.
For further information or training on arrest procedures contact us at 416-432-1515