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SOC 3720 - Criminal Law and Its Procedures > Chapter 4 > Flashcards

Chapter 4 Flashcards

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1
Q

What is an appearance notice?

A

A document given to a person accused of an offence before being release by an arresting police officer, requiring the person to attend court at a specified time and place

  • tells the person the court date, must contain the name of the accused, the nature of the offences, and the requirement that the accused must attend court at a particular time and place
  • no longer has to be served with a summons
  • section 496 gives officers the discretion to issue appearance notices
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2
Q

What is a summons?

A

Document issued by the court, requiring an accused to attend court at a specified time and place

  • an appearance notice sent in the mail for a minor charge
  • Don’t have any conditions attached to them
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3
Q

What is a promise to appear?

A

A document signed by an accused, before an officer in charge, requiring an accused to attend court at a specified time and place
- usually attached to an undertaking

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4
Q

What is a recognizance?

A

A document acknowledging that the accused owes Her Majesty a sum of money, which will be forfeited by the Crown, if the person fails to attend court

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5
Q

What is an undertaking?

A

When someone is released on conditions, they must follow the said conditions while they are released into the community
- a signed promise by the accused to attend court as required

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6
Q

What is a surety?

A

A third party who pledges to forfeit cash or property if the accused fails to attend court as required

  • if the person accused is not abiding by the rules, the person helping the individual is supposed to inform the police
  • to be a surety, need to have a clean record and must have assets
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7
Q

What are Feeney Warrants?

A

Warrants that allow police officers to enter a private dwelling to make an arrest
- section 529.3 (2)
officers may enter a dwelling without a warrant, for the purpose of arresting a person in exigent circumstances
- preventing imminent bodily harm or death to any person
Section 529.4 (3)
- Requires that the peace officer not enter the dwelling without prior announcement unless they have reasonable grounds

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8
Q

What is section 9 of the Charter?

A

Everyone has the right not to be arbitrarily detained, or imprisoned

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9
Q

What is section 10 of the Charter?

A

Everyone has the right on arrest or detention to be

1) informed promptly of the reasons as to why
2) to retain and instruct counsel without delay and to be informed of that right
- everyone has the right to counsel

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10
Q

What are informational rights?

A

Constitutional rights to be advised of the right to counsel, access to duty counsel and so on

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11
Q

What is a failing to appear?

A

The offence of not attending court when required to do so pursuant to an appearance notice, summons, promise to appear, or recognizance

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12
Q

What is a judicial interim release?

A

The release of an accused who has been taken into custody pending the determination of charges

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13
Q

What is a show cause hearing?

A

The hearing at which the question of judicial interim release is decided. Normally the Crown, must show cause as to why the accused should be detained, or some restrictive form of bail should be imposed
- all held in provincial court

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14
Q

What is section 469?

A

A peace officer cannot release someone who is charged with an offence under section 469
- bail must be done by a superior court judge
Ex. Murder
- Reverse Onus

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15
Q

What is a reverse onus?

A

Generally, a situation where the onus of proof shifts from requiring one party to prove something to requiring the opposing party to disprove it
- crown must explain why the accused should not receive bail

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16
Q

What is a bail review?

A

An appeal of decisions on judicial interim release

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17
Q

What is a 90-Day Bail Review?

A

An automatic review of a detained custodial status where a trial on an indictable matter has not commenced within 90 days of the making of the detention order

18
Q

What is a 30-Day Bail Review?

A

An automatic review where a trial on summary convictions matter has not commenced within 30 days of the making of the detention order

19
Q

What is a forfeiture?

A

An order that cash posted as part of bail be forfeited to the Crown, as a result of the accused’s breach of the terms of judicial interim release

20
Q

What is estreated?

A

An order that a judgement be made in favour of the Crown against a surety up to the amount the surety pledged as security for the accused’s release made as a result of the accused’s breach of terms of judicial interim release

21
Q

What are the various means to ensure that persons charged with criminal offences attend court as required?

A
  • appearance
  • summons
  • arrest without a warrant - by private citizens
  • arrest with warrant
  • release by a police officer
22
Q

Why are police officers now authorized to give appearance notices to persons under certain circumstances?

A

In order to bring a much-needed efficiency to the pre-trial release process

23
Q

Which form at the back of the Criminal Code specifies the form and contents of an appearance notice issued by a police officer?

A

Form 9

24
Q

When should a peace officer not release an accused?

A

If they strongly believe the individual will fail to attend court

25
Q

What is the proof that a summons was personally delivered?

A

In affidavit of attempted service

- lists the efforts made to find the accused and any evidence that might suggest the accused was evading service

26
Q

Is a person making an arrest entitled to use reasonable force?

A

Yes

27
Q

Does section 8 of the charter apply to citizen rights?

A

No

28
Q

The Feeney decision introduces what is now section what?

A

529

29
Q

Which form lists the various reasons and sections under which a warrant for arrest may be issued?

A

Form 7

30
Q

What legislation allows police officers to enter a private dwelling house?

A

Feeney Warrants or entry warrants

31
Q

What is section 9?

A

The right to not be arbitrarily detained or imprisoned

32
Q

What is section 10?

A

The right on arrest or detention

  • to be informed promptly of the reasons
  • to retain and instruct counsel without delay and to be informed of that right
33
Q

What is detention?

A

Detention may be affected without the application of physical restraint if the person concerned submits or acquiesces in the deprivation of liberty and reasonably believe that the choice to do otherwise does not exist

34
Q

What is investigative detention?

A

Police officers may detain suspects for investigative purposes when they are

35
Q

A person can be detained in what two manners?

A

Physically or psychologically

36
Q

What does it mean to be detailed psychologically?

A

Where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply

37
Q

Once a suspect has been advised by their lawyer, are the police still entitled to ask them questions?

A

yes, in the hope of eliciting a confession from them

38
Q

What are informational rights?

A

When an accused is unable to afford counsel, a duty on the police is to provide information about the availability of legal aid and duty counsel
- police must not only inform accused person of their right counsel and how they can exercise if but they must also facilitate the exercise of that right

39
Q

What is the implementation duty?

A

If the police have access to a phone, they must provide the phone to the suspect to contact a lawyer

40
Q

Anyone charged with an offence in Canada is constitutionally entitled to a bail hearing?

A
  • the right of detained persons to have the validity of their detention determined, and to be released if the detention is not lawful
  • the right of accused persons not to be denied reasonable bail without just cause
41
Q

When does the judge not release an accused on bail?

A

if continued detention of the accused is justified within section 515

SOC 3720 - Criminal Law and Its Procedures (7 decks)

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