A private arrest ends when the arrestee is handed over to a peace officer without delay.

In Ontario, working on the front lines of security means more than checking badges and watching cameras. It means knowing what the law expects you to do when something goes wrong. That awareness isn’t just paperwork—it’s about staying safe, protecting people, and doing right by the rule of law.

A quick knowledge check that often comes up in security roles

Here’s a scenario you might hear in field training or in a quick after-action chat:

Question: True or False: Section 494(3) of the Criminal Code states that anyone making a lawful arrest must deliver the individual to a peace officer immediately.

• A. True

• B. False

• C. Only in emergencies

• D. Only in the presence of witnesses

The correct answer is True.

Why this matters, and what the rule actually means

Section 494(3) isn’t a fancy catchphrase; it’s a concrete principle. If a private citizen makes a lawful arrest, they are supposed to hand the person over to a peace officer without delay. In plain terms: you detain someone lawfully, you don’t become the default custodian for the next stretch of time. You call for the police or a trained officer, and you deliver the arrestee to that officer as quickly as possible.

Let me explain why “without delay” isn’t a vague directive. In real life, delaying can create all kinds of risks: the person could be harmed if left unsupervised, evidence could be compromised, or the jurisdiction’s procedures might not be followed properly. The point is to ensure that trained, authorized personnel take charge of the next steps, so due process isn’t sidestepped and safety isn’t sacrificed.

What “lawful arrest” looks like in Ontario security work

• Reasonable grounds matter: In practice, a security professional needs reasonable grounds to believe that an offence has occurred. This isn’t proof beyond a reasonable doubt—that standard applies to courts. But in the moment, you must have a justifiable reason to detain.

• Detention vs. arrest: Often, security personnel detain someone until the police arrive. In many cases, that detention is a form of custodial action, but the legal framework still emphasizes turning the person over to the peace officer promptly.

• The peace officer is the gatekeeper: Once the police take custody, the next steps—from questioning to possible charges—sit on a system designed to balance accountability with rights.

• Ontario context: While the Criminal Code is federal, its application is provincial in everyday work. Ontario security teams—whether in malls, campuses, or corporate settings—operate under these same rules and must partner with local police when making a lawful arrest or a detainment.

Practical takeaways for security professionals on the ground

• Call for help, don’t try to “manage” the situation alone: If you believe you’re witnessing an offence, contact police as soon as you can. The goal is to get trained officers to the scene quickly.

• Don’t transport arrestees yourself: Unless you’re part of a formal, authorized transport unit, handing someone off to a peace officer is the safer, lawful path. It protects you, the public, and the person detained.

• Document everything: Time of the detainment, location, what led you to believe the offence occurred, actions taken, and who you contacted. A clear record helps the peace officer pick up where you left off.

• Prioritize safety and de-escalation: Use verbal de-escalation, maintain adequate distance, and rely on non-force options first. If force is ever necessary, it should be the minimum required and proportionate to the risk.

• Preserve evidence and integrity of the scene: Don’t touch possible evidence, and avoid discussing the incident publicly or with other witnesses beyond what’s needed for safety and accuracy.

A few digressions that still stay on track

• Technology can be your ally: Body-worn cameras, security dashboards, and incident management apps help capture what happened and when. They’re not just tech toys; they’re part of meeting the “without delay” standard—by providing a reliable record for the officers taking custody.

• Training keeps you confident: Regular training on lawful detentions, escalation scripts, and the Ontario-specific regulatory landscape reduces nonessential risk. Think of it as sharpening your toolkit so you’re not guessing in the heat of the moment.

• Ethics aren’t extras; they’re essential: It’s natural to want to “handle things quickly,” but speed has to be paired with fairness and legality. That balance protects everyone—officers, staff, and the people around you.

Translating law into everyday practice

Let’s tie this back to the field. Imagine you’re stationed at a busy transit hub. A person is suspected of shoplifting. You observe, you assess, you detain briefly to prevent escape, and you call the police. You describe what you saw, collect basic details, and then you hand the individual to the arriving officer. The officer continues the process. You’ve respected the framework: lawful grounds, detention, and prompt transfer to a peace officer.

That scene is more common than it feels. It’s not about drama or bravado; it’s about clarity and discipline. It also shows you how an apparently small decision—whether to wait, or whom to contact—creates a ripple effect through the entire incident chain.

Common pitfalls to avoid

• Overstepping authority: Treat detentions seriously; don’t assume you have powers beyond what the law grants.

• Delaying the handoff: Even a few extra minutes can complicate the officer’s next steps. Time matters.

• Making promises you can’t keep: Don’t imply a certainty you don’t have. Stick to what you observed and what you know you did.

• Downgrading the human element: People aren’t just suspects; they’re individuals entitled to certain rights. Approach every interaction with dignity.

A quick set of practical prompts you can carry with you

• If you aren’t sure whether you have grounds for detention, pause and call for backup. It’s better to err on the side of caution.

• When you contact police, provide a concise briefing: location, number of people involved, a summary of the incident, any injuries, and your safety assessment.

• After an incident, write a brief, factual report while the details are fresh. You’ll thank yourself later when the timeline matters.

• Review local policies and your organization’s procedures regularly so you’re aligned with how to act when something goes sideways.

Closing thought

The law isn’t just a shield; it’s a guide for action. In Ontario, the principle that a private citizen who makes a lawful arrest must deliver the person to a peace officer without delay keeps the system honest and the people in it safer. It’s a reminder that good security work blends practical know-how with a respect for process and rights.

If you’ve ever had to detain someone or call for help in a crowded space, you know how quickly a moment can become a test of judgment. By keeping the focus on safety, clarity, and proper procedure, you’ll be ready for whatever comes next—and you’ll do it with the confidence that comes from knowing the law has your back.