Federal Law Arrest Authority Flashcards
What does section 495(1) refer to, articulate the subsections.
s. 495 (1) – ARREST WITHOUT WARRANT BY PEACE OFFICER
A peace officer may arrest without warrant:
(a) a person who has committed (present) an INDICTABLE OFFENCE OR who, on REASONABLE GROUNDS, he believes has committed (past) OR is about to commit (future)an INDICTABLE OFFENCE;
(b) a person whom he FINDS COMMITTING a CRIMINAL OFFENCE; OR
(c) a person in respect of whom he believes has REASONABLE GROUNDS to believe that a WARRANT OF ARREST OR COMMITTAL, in any form set out in Part 28 in relation thereto, IS IN FORCE within the TERRITORIAL JURISDICTION in which the person is found
What does section 494(1) refer to? Describe it
s. 494 (1) C.C – ARREST WITHOUT WARRANT BY ANY PERSON Any one may arrest without warrant,
(a) a person whom he FINDS COMMITTING an INDICTABLE OFFENCE;
(b) a person who, on REASONABLE GROUNDS, who believes
(i) has committed a CRIMINAL OFFENCE; AND
(ii) is escaping and freshly pursued by persons who have lawful authority to arrest that person
What does S. 494(2) refer to, describe it
s. 494 (2) C.C – ARREST BY OWNER, ETC, OF PROPERTY
The owner OR a person in lawful possession of property, OR a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they FIND them COMMITTING a CRIMINAL OFFENCE on or in relation to that property; AND
(a) they make the arrest at that time; OR
(b) they make the arrest within a reasonable time after the offence is committed and they believe on REASONABLE GROUNDS that it is not feasible in the circumstance for a peace officer to make the arrest
What does S. 494(3) refer to?
s. 494 (3) C.C – DELIVERY TO PEACE OFFICER
Any one other than a peace officer who arrest a person without warrant SHALL FORTHWITH deliver the person to a peace officer
What does section 31 refer to?
s. 31 C.C – ARREST FOR BREACH OF PEACE (FINDS COMMITTING) Police officer
Witnesses breach of the peace OR
REASONABLE GROUNDS a person is about to join in or renew
breach of peace
• Whenever harm is actually or likely to be done to a person or his/her property, or a person is in fear of being harmed through an assault, affray, or riot
• Think of health, safety, people, property
• Only procedural, no charge
What are the steps to a proper arrest?
6 STEPS TO PROPER ARREST
1. Identify yourself as a police officer
2. Tell the person he is under arrest (judge’s rule)
3. Tell the person the reason for the arrest (s. 10(a) Charter and s.29(2) C.C.)
4. Take physical control
5. Inform him of his Rights to Counsel (s.10(b) of Charter)
6. Ensure he understands the reason for the arrest and his Right to Counsel Then;
Read the Caution (voluntariness)
Read Secondary Caution if applicable (minor inducements)
*** Cautions are NOT a part of 6 steps, “Judge’s Rule”
What is section 495(2) and what are the limitations?
s. 495 (2) C.C – LIMITATION A peace officer SHALL NOT arrest a person without warrant for: (a) 553 indictables (202, 203, 4(4)(a) (b) Dual procedure offences (c) Summary conviction In cases where, (d) On REASONABLE GROUNDS that PRICE is satisfied *arrest for straight indictables
Prosper Warning
PROSPER WARNING
• Ensures the detainee wanting to waive the right to counsel UNDERSTANDS what they are actually giving up. (need not arbitrarily give up their RTC because they become frustrated, cannot afford a lawyer or cannot locate the lawyer of their choice)
• The accused party needs to know they do have reasonable opportunity to speak to any lawyer of their choice.
What section refers to Greater Certainty under Citizens Arrest
For greater certainty
(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.
What section refers Appearance notice for judicial referral hearing?
497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
(a) an indictable offence mentioned in section 553;
(b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or
(c) an offence punishable on summary conviction.
What are your duties upon arrest?
DUTIES UPON ARREST:
s. 29 (2) C.C – NOTICE UPON ARREST
The duty of everyone who arrests a person, with or without warrant, to give notice when;
the process or warrant under the arrest is made; or
the reason for the arrest
s. 10 C.A (Charter)
Everyone has right on 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 (body before the court) and be released if detention not lawful (bail hearing)
What does Section 496 refer to and describe it
C.C. Judicial referral hearing
-Consider all other options before referring to a Judicial Referral Hearing
-Exercise discretion when investigating failures to comply and to appear
Consider:
Not laying a charge
Laying a criminal charge
If you decide to refer the matter for a Judicial Referral Hearing issue an appearance notice
*not recommended by government
