Court And Crim Flashcards
A person who is not arrested can be compelled to court by way of _____ and ____?
Appearance notice and summons
Arrested person can be released and compelled to court by way of ___ and ___?
Appearance notice and undertaking
When releasing a person on a undertaking, the conditions you impose must be
Reasonable, based on circumstances of offence, and necessary to ensure public interest and court PRICE are satisfied
Public interest or PRICE aren’t satisfied, requiring a bail hearing (justice or judge), you keep custody of the person, S.503(1) requires that;
A justice is available in 24 hours after arrest. If not available within 24 hours taken re-evaluate PRICE (if not satisfied still) wait for before justice asap
Release order with or without conditions
S. 515(1) justice release order without conditions, 515(2) with conditions, 515(4) lists conditions that may be imposed
S. 469 offences are basically
MURDER, treason,accessory after to high treason, intimidation of parliament or a legislature, bribery of judicial office
Endorsed warrant
Peace officer leans towards release unless Public interest and Court PRICE not satisfied
Unendorsed warrant
Peace officer leans towards holding for court unless Public interest and Court PRICE are satisfied
Sections that authorize Summons (form 6)
S. 498(1)(a), 507 and 788
Sections that authorize appearance notice (form 9)
S.497, 498(1)(b), 499 and 503(1.1)
Sections that authorize undertaking (form 10)
S.498(1)(c), 499 and 503(1.1)
Langliois v cloutier
Search incidental to arrest
R v golden
Strip search
Justice
Warship
Judge
Honour