Federal Law Seven

Question 1

Change in Jeopardy

Answer 1

When the police decide that they are investigating a different and/or more serious offence after arresting/detaining someone, they should advise of the right to counsel and caution a second time and indicate to the detainee that they are now a suspect for a different and/or more serious crime. The detainee’s decision as to whether to obtain a lawyer might well be affected by the seriousness of the charges.If the detainee has already spoken to a counsel, they must be given an opportunity to speak to counsel again on the more serious charges.

Question 2

P.R.I.C.E
Section 495 (2) C.C

Answer 2

Public Interest (includes)
- Protect the public and
community
- Protect the accused and
victim
- Protect Property
- Prevent breach of the
peace
Repetition or continuance
Identity
Court
Evidence

Question 3

As an investigator, if I don’t arrest… Can I still charge?

Section 497 C.C

Answer 3

Where a peace officer does not arrest he MAY:
Issue an appearance for
a.) S. 553 indictable offences
b.) Dual procedure
c.) Summary conviction

(Appearance notice can only be issued if there is an arrest authority)

Question 4

Duty Upon Arrest
Section 29 C.C

Answer 4

(2) It is the duty of everyone who arrests a person, whether with or without warrant, to give notice to that person, where it is feasible to do so, of
a.) The process or warrant under which he makes the arrest; or
b.) The reason for the arrest

Question 5

Duty Upon Arrest
Charter of Rights and Freedoms

Answer 5

10.) Everyone has the right on arrest or detention

a.) To be informed why they have been arrested
b.) To be informed of their right to retain and instruct counsel without delay; and
c.) To have the validly of the detention determined by the way of habeas corpus and to be released if the detention is not lawful

Question 6

The primary caution when read by the police to a person?:

a.) Is used to force an accused party to co-operate

b.) Is use to remove any minor inducements from other officers that have spoken to the accused

c.) Is used to assist in providing the voluntaries of a statement to comply with the Judges Rules

d.) Is something that must be read before you arrest someone

Answer 6

c.) Is used to assist in providing the voluntaries of a statement to comply with the Judges Rules

Question 7

The Secondary Caution when read by the police to a person?:

a.) Is used to force the accused party to co-operate

b.) Is used to remove any minor inducements from other officers that have spoken to the accused

c.) Is used to assist in provide the voluntariness of a statement to comply with the Judges Rules

d.) Is something used that must be read before you arrest someone

Answer 7

b.) Is used to remove any minor inducements from other officers that have spoken to the accused

Question 8

Under Section 10 of the Charter a police officer has the duty upon arrest to:

Answer 8

• To be informed of the reason of the arrest
• To be informed of their right to retain counsel without delay
• To have the validity of the detention determined by the way of habeas corpus and to be released if the detention is not lawful

Question 9

Definition:

Habeas Corpus

Answer 9

A legal concept that allows a person to challenge their unlawful detention

Question 10

What does the P in P.R.I.C.E cover?

Answer 10

• Protect the Public / Community
• Protect the victim / accused
• Protect the property
• Prevent breach of peace

Question 11

You arrest someone for sexual assault, read RTC and caution and inform them they are being charged for sexual assault. You are back at the the station and they have spoken with their lawyer when you receive a call from another officer on scene that a knife was involved. Now you are going to charge with sexual assault with a weapon.

What, if anything must be done?

Answer 11

You must inform the accused of the new charge, read their rights to counsel and caution again