Arrest Authorities Flashcards
What is s.494(1)?
anyone may arrest without warrant:
- a person whom he FINDS COMMITTING
- a person who, on reasonable grounds, he believes: has committed a criminal offence AND is escaping from and freshly pursued by person who have lawful authority to arrest that person (the helper clause)
What is 494 (2)?
- Owner or person in lawful possession of property (tenant) OR person authorized by owner (security) or by person in lawful possession of property (borrows your car) may arrest a person FOUND COMMITTING a CRIMINAL OFFENCE on or in relation to the property AND
- they make the arrest at the time OR
- they make the arrest within a reasonable time after offence committed and believe on reasonable grounds it is not feasible in the circumstances for a peace officer to make the arrest
The owner clause – provide owners reasonable time but still need to call police asap
What is 494(3)?
Any one other than a peace officer who arrests a person without warrant SHALL forthwith deliver the person to a peace officer
What is PIC?
Reasons for arrest
P - prevent continuation of offence
I - investigate further
C - ensure court appearance
What is 495(1)?
a peace officer may arrest without warrant:
- a person who has committed an indictable offence (PRESENT) or who, on reasonable grounds he believes has committed (PAST) or is about to commit and indictable offence (FUTURE)
- a person whom he FINDS COMMITTING a criminal offence
- a person he has REASONABLE GROUNDS to believe that a WARRANT OF ARREST or committal in any form
What is a warrant in the first instance?
haven’t located him yet
What is a bench warrant?
endorsed (you may release but don’t have to)/unendorsed
What is a committal warrant?
bring person to jail for certain amount of time
What is s.494.1?
breach release conditions
a peace officer who believes on reasonable grounds that an accused:
- has contravened or is about to contravene: summons, appearance notice, undertaking OR release order
Has committed an indictable offence while being subject to a: summons, appearance notice, undertaking OR release order
May arrest the accused without a warrant for the purpose of taking them before a judge/JP to be dealt with under s.524 (hearing)
What is Breach of Peace?
s.31
- harm is actually or likely to be done to a person, or
- in his/her presence, to his/her property or
- a person is in fear of being so harmed through an assault, affray or riot
- peace officer witnesses breach of the peace OR
- reasonable grounds a person is about to join in or renew breach of the peace
ONLY A PROCEDURAL ARREST - NO OFFENCE
What are the steps to Proper Arrest?
- identify yourself as a Police Officer
- tell the person they are under arrest
- tell the person the reason for arrest
- take physical control
- inform of their Rights to Counsel
- ensure they understand the reason for the arrest and their RTC
* does not have to be in order*
What is the Prosper Warning?
- if detainee changes their mind
- tell detainee they have the right to reasonable opportunity to contact a lawyer
- they don’t have to participate in any incriminating process (breath test, statement) until they’ve talked to a lawyer
- ensure the accused/detainee’s decision to waive their rights to counsel is fully informed
- if not all evidence subsequent could be
excluded
- if not all evidence subsequent could be
What are the Limitations to Arrest?
s. 495(2)
A peace officer SHALL NOT arrest a person without warrant for:
- 553 indictables (202, 203, 4(4)(a)
- Dual procedure offences
- Summary conviction
- In cases where,
On REASONABLE GROUNDS he believes that PRICE is satisfied
What is PRICE(S)?
Public Interest
Repetition
Identity
Court
Evidence
Safety (victim/wit)
What are the 4 P’s of Public Interest?
Protection of public
Protection of accused/ victim
Protection of PROPERTY
Prevent BREACH of PEACE
What is an Appearance Notice for Judicial Referral Hearing?
- Person failed to comply with Summons, Appearance Notice, Undertaking, Release Order or
- Failed to attend court as required did not cause a victim physical/emotional harm/property damage/economic loss
- Peace officer may (without laying charge) issue appearance notice to person to appear at judicial hearing S. 523.1
What is an Appearance Notice by Peace Officer?
When a peace officer does not arrest, he MAY
- Issue an appearance notice for a judicial referral hearing under s.523.1C.C.
- For 553 indictable offences, dual procedure,
summary conviction
What to consider before a Judicial Referral Hearing?
- consider all other options before referring to a JRH
- Exercise discretion when investigating failures to comply and to appear
- not laying a charge
- laying a criminal charge
- if you decide to refer the matter to JRH issue an appearance notice
What are the duties upon arrest?
- the duties of everyone who arrests with or without a warrant, to give notice when
- the process or warrant under the arrest is
made; or the reason for the arrest
- the process or warrant under the arrest is
S. 10 C.A. (CHARTER)
- Everyone has the right upon arrest or
detention
- To be informed why they were arrested
- Their right to retain and instruct counsel
without delay
- To have the validity of detention determined by way of habeas corpus (court) and be released if detention not lawful (bail hearing)
What is Investigative Detention?
- Reasonable grounds to SUSPECT that the person is connected to a particular crime
- detention is necessary on objective view of the circumstances (R v MANN)
- does not impose an obligation on person being detained to answer questions
What is subject to the following conditions?
R v. SIMPSON
- was there articulable cause for detention
- does the officer’s conduct fall within the general scope of any duty imposed by statute or common law
- does the conduct involve an unjustifiable use of powers associated with the duty
What is articulable cause?
a constellation of objectively discernible facts which give the detaining officer reasonable cause to suspect that the detainee is criminally implicated in the activity under investigation
Use of Force in relation to Investigative Detention?
R v. WAINWRIGHT
right to physically restrain suspect when conducting investigative detention for safety purposes
Investigative Detention - search?
for Officer safety (Weapons) ONLY;
Must be able to articulate reasons to believe that officer’s safety or safety of anyone is at risk, protective pat down search
CANNOT search for evidence
What does Grounds to Suspect include?
- suspect behaviour
- officer experience
R v GRANT?
Meaning of detention under s. 9 & 10 of the Charter refers to suspension of individual’s liberty interest by significant PHYSICAL RESTRAINT OR PSYCHOLOGICAL RESTRAINT
What are the 3 main points for detention?
- need reasonable grounds to suspect to detain
- may only search for safety reasons when there are RG to believe officer safety or safety of others is at risk
- need RG to believe to arrest
