Arrest And release

Question 1

What are the 4 arrest authorities?

Answer 1

494 w/o warrant by any person
495(1) has COMMITTED an INDICTABLE offence; officer believes on RG has COMMITTED or ABOUT TO COMMIT an INDICTABLE offence; FINDS COMMITING a CRIMINAL OFFENCE

524(2): has CONTRAVENED or is ABOUT TO CONTRAVENE the terms of a CRIMINAL RELEASE
525(6): has COMMITTED and INDICTABLE offence while ON RELEASE for a CRIMINAL offence

31(1): FOUND COMMITTING or it is believed on RG is about to commit a breach of the peace

Question 2

Where public interest is satisfied an offender must be released by?

Answer 2

1. UNCONDITIONALLY with no intent to proceed to court
2. UNCONDITIONALLY with intent to seek criminal summons
3. By way of Appearance Notice (F9)

Question 3

When releasing a person on a F9 / F10 or when proceeding by criminal summons, what shall you serve the person

Answer 3

Shall serve the person with a TPS 493

Question 4

OIC when an arrest has been made shall ensure what?

Answer 4

1. Consideration is given to public interest in deciding to continue the detention of the arrested person including the need to
   - establish the identity of that person
   -secure / preserve evidence
   - prevent the continuation/repetition of an offence
   -ensure the accused will appear in court
   - ensure the safety and security of any victims or witness to the offence
2. All required ereports are completed promptly
3. Particulars are recorded in the UCMR
4. Compliance with the appropriate release provisions of the CC pursuant to the respective procedure

Question 5

Service Member’s Preception Data?

Answer 5

Means information derived from a member making determination with respect to the race of an individual by observation, solely on the basis of that member’s observation