Continuation of an Arrest Flashcards
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
establish the ______ of the person
secure or preserve ________
prevent the ____ or ______ of an offence
ensure that the accused ________
ensure the _________ of any victim or of witness to the offence.
identity evidence continuation or repetition will appear in court safety and security
In circumstances where the public interest is satisfied, an offender must be released
________ with no intent to proceed to court
________ with intent to seek a , ________ or
by way of an ___________
unconditionally
unconditionally criminal summons
appearance Notice (Form 9).
Provincial Offences
There is ___ general arrest authority for contravention of a Provincial Statute, and reference must be made to individual statutes for specific arrest authorities.
no
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 to suspect that entry into the dwelling–house is necessary to prevent ______ to any person, or
when there are reasonable grounds to believe that evidence relating to the commission of an offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the ________ or ________, or
in circumstances of ___________
imminent bodily harm or death
indictable
imminent loss or imminent destruction of evidence
fresh pursuit.