Power to arrest without warrant

(1) It shall be lawful for any police officer, and for all persons whom he may call to his assistance, to apprehend without warrant in the following cases– (a) any person found drunk or who is disorderly in any street or public place at any hour of the day or night; (b) any idle and disorderly person whom he finds between sunset and six in the morning lying or loitering in any street or other public place, and not giving a satisfactory account of himself, or whom he has good cause to suspect of having committed, or being about to commit any felony, misdemeanour or breach of the peace; (c) any person whose name and residence are unknown to and cannot be ascertained by, such officer, within whose view such person commits any summary jurisdiction offence; 38 Police Act (d) any person accused by any other person with committing any aggravated assault, in any case in which such police officer has good reason to believe such assault has been committed, although not within his view, and that by reason of the recent commission of the offence a warrant could not have been obtained for the apprehension of the person accused; (e) every person who commits any of the offences mentioned in section 3 (1) and paragraphs (iv), (ix), (x), (xi), (xii), (xv), (xvi), (xviii), (xix), (xxviii) and (xxx) to (xxxii) inclusive of section 4(1) of the Summary Jurisdiction (Offences) Act. (2) The power of arrest without warrant conferred upon a police officer under paragraph (e) shall unless the contrary is expressly provided by any statute be exercised only where the offence is committed within view of the officer. (3) Any person within whose view any of the offences mentioned in sub-section (1)(e) is committed may apprehend the other person who commits the same, and forthwith take and convey him before a magistrate for the purpose of having him dealt with according to law or he may deliver that person over to any police officer or other peace officer to be taken and conveyed before a magistrate for the like purpose. (4) Every police officer or other peace officer who refuses or wilfully neglects to take any such person in his custody or to take and convey him before a magistrate shall be guilty of an offence and on summary conviction thereof be liable to a fine not exceeding two hundred and fifty dollars.