01-01 Arrest Flashcards
What is the Rationale?
Compliance with this Procedure will ensure that arrests are conducted and reported in a manner consistent with all legal principles and best practices.
What Section provides authorities for arrest without warrant by any person?
Section 494 of the Criminal Code (CC)
A peace officer may arrest any person who 495(1):
- has committed an indictable offence, or a person the officer believes on reasonable grounds has committed or is about to commit an indictable offence
- the officer finds committing a criminal offence
- on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal,
- which is in force within the territorial jurisdiction where the person is found, or
In addition to the authorities to arrest without warrant given to any person in s. 494 CC, a peace officer is given additional authorities under what sections?
ss. 495(1), 524(2), 525(6) and 31(1) CC.
A peace officer may arrest any person who 524(2) and:
- has contravened or is about to contravene the terms of a criminal release
A peace officer may arrest any person who 525(6):
- has committed an indictable offence while on release for a criminal offence
A peace officer may arrest any person who 31(1):
- is found committing or it is believed on reasonable grounds is about to commit a breach of the peace
Continuation of Arrest
A police officer SHALL not arrest a person without warrant for …
summary conviction, dual procedure or 553 indictable offences where there are REASONABLE GROUNDS TO BELIEVE the public interest has been satisfied having regard to all the circumstances including the need to
A police officer SHALL not arrest a person without warrant… where the public interest has been satisfied having regard to all the circumstances including the need to
- establish the identity of the person
- secure or preserve evidence
- prevent the continuation or repetition of an offence
- ensure that the accused will appear in court
- ensure the safety and security of any victim or of witness to the offence.
In circumstances where the public interest is satisfied, an offender must be released:
- unconditionally with no intent to proceed to court
- unconditionally with intent to seek a criminal summons, or
- by way of an Appearance Notice (Form 9)
- by way of an Undertaking (Form 10)
A police officer may continue the arrest (summary, dual, indictable 553 offences) of a person where the …
the public interest is not satisfied or for any indictable offence other than dual procedure and 553 indictable offences.
The criteria for satisfying the ‘public interest’ are set out in :
s. 497 CC. In circumstances where a continued detention is justified, the arrested person must be taken before an Officer in Charge.
- The lack of appropriate release documentation to be served at an arrest scene is not a valid reason for the continuation of an arrest
Provincial Offences
A police officer may also arrest a person under other authorities found in individual Provincial Statutes such as the:
Highway Traffic Act, the Liquor Licence and Control Act, and the Trespass to Property Act. There is no general arrest authority for contravention of a Provincial Statute.
Arrest in a Dwelling-House (Feeney Warrants)
As a general rule, police officers are required to obtain a warrant prior to entering a dwelling–house to arrest a person. Entry to a dwelling–house to affect an arrest is prohibited unless:
- the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
- the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
- when there are REASONABLE GROUNDS THE SUSPECT that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
- when there are REASONABLE GROUNDS TO BELIEVE that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
- in circumstances of fresh pursuit.
Prior to entering a dwelling–house to execute an arrest warrant, members SHALL, whenever possible, obtain:
- an endorsement on the arrest warrant under ss. 529(1) CC, or
- an authorization warrant (Form 7.1) under s. 529.1 CC.
The authorization to enter may include such restrictions and conditions as the issuing Justice believes reasonable to place on the arrest process. In all cases, members SHALL ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except:
- as provided on the warrant, or
- where there are REASONABLE GROUNDS TO BELIEVE that prior announcement of the entry would
o expose the officer or any other person to imminent bodily harm or death, or
o result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.
Police Officer
- When making an arrest SHALL:
- identify themselves as a police officer
- inform the person that they are under arrest
- inform the person of the reason for the arrest
- take physical control of the person
- inform the person of the Right to Counsel, including the existence and availability of duty counsel and free legal advice (Legal Aid)
- ensure that the person understands the Right to Counsel
- search the person
- place the person in handcuffs in accordance with training and utilize the double lock mechanism where possible
- when handcuffs are not used, be prepared to justify this decision
- Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty).
- allow reasonable access to a telephone as soon as practicable
- ensure that, when an arrested person has the care, charge or custody of another person who, because of age, physical or medical condition, is unable to care for themselves, every effort is made to obtain interim care for the dependent person
In all cases of arrest, regardless of the authority used or whether charges are laid, SHALL:
- conduct a Person Query, including a CPIC check, obtaining details on any positive result
- record pertinent information in the memorandum book including, but not limited to
o reason for the arrest
o reason for the release or continued detention of the person
o all details regarding the person (identification and description) - comply with the applicable release/detention procedure
- if the arrest involves an arrest warrant, check the Master Name Index (MNI); note any previous arrest number and case number and comply with the applicable procedure
- serve documents required for court on the person, if applicable
- submit all documents to the Officer in Charge prior to the completion of the tour of duty
When dealing with an arrested person who has ingested a potentially harmful substance (e.g. cocaine, methanol, etc.) and appears to require medical attention SHALL immediately:
- if necessary, and if qualified in standard first aid, perform first aid on that person
- ensure the person is transported to the nearest hospital
When considering the continued detention of an arrested person who is accompanied by a service dog due to blindness, visual impairment, hearing impairment, or other physical disability, SHALL:
- make reasonable effort to have the service dog accommodated by friends or relatives, or contact the Toronto Police Operations Centre (TPOC) for further resources
- not transport the service dog to court with the person in custody
- When releasing a person following arrest shall make reasonable efforts to ensure the safety of…
other persons who may be affected by the release and the safety of the person being released, having regard for the circumstances and the time and place of release.
- When releasing a person on either a Form 9 or Form 10, or when proceeding by way of criminal summons SHALL:
serve the person with a TPS 493a.
- When dealing with an incident involving a person who provides identification as a diplomatic or consular official SHALL:
- not arrest a person on these premises
- Foreign embassies and consulates are considered foreign land and outside the jurisdiction of police officers.
When arresting a foreign national:
- should not normally arrest a person during a religious ceremony or judicial hearing
