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Under the criminal code section 494, if the security guard sees someone committing an indictable offense and places the person under arrest, what should the guard's next step be?

a) Release the person immediately
b) Call the police
c) Detain the person indefinitely
d) Ignore the offense

1 Answer

6 votes

Final answer:

The security guard's next step after arresting someone for committing an indictable offense should be to call the police. The guard must inform the detainee of the cause of their detention and their rights. This aligns with the legal principle of Habeas Corpus contained in the Bill of Rights.

Step-by-step explanation:

When a security guard sees someone committing an indictable offense and places the person under arrest, the guard's next step should be to call the police. It is a requirement to inform the authorities so that they can take over the situation. The guard must also ensure they respect the prisoner's right to be informed of why they are being held and remind them of the right of the accused to be warned that anything they say may be used against them in court. For example, if two individuals are apprehended for committing an armed robbery, the police must have evidence of their guilt and must inform the accused of the crime they are suspected of. Additionally, under the concept of Habeas Corpus, which is an essential right guaranteed in the Bill of Rights, individuals are entitled to be charged with a crime if arrested, highlighting the importance of proper legal procedure following an arrest.

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