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