key aims of police Flashcards
key aims of police (list)
- diffuse a volatile situation
- have the time to investigate and secure evidence
- have the information needed to identify an accused persons
- ensure the accused will show up to court to face their charge
key duty of police
to use the least onerous and reasonable means to fulfill those aims
when the accused is NOT arrested there are two ways to get them to court: (list)
- appearance notice: when PO knows where the person is
- summons: when PO does not know where the person is
apperance notice (list)
- PO has on hand and is filled out on the spot
- indicates name, outline of the charge, time and place of first court appearance, and if indictable place for fingerprint and photo id
- accused must sign
- charges may be different/added to by the time the accused reaches court
summons (list)
when an officer has r&pg but no contact with the accused
1. officer will swear information
2. officer will ask the JP to issue a summons
3. efforts will be made to locate the accused and summons will be issued
when the accused IS arrested there are 3 options that occur before court (list)
- released from custody w/o bail hearing
- released from custody after bail hearing
- no release from custody - stays in jail awaiting trial
when is it necessary to arrest someone? (list)
- to identify someone believed to have, be committing an offence
- to preserve evidence
- to prevent continuation of offences or commission of additional offences
- to ensure someone will show to court to face a charge
who can make an arrest? (list)
peace officers - police officers, corrections officers, customs officers, mayor, JP but NOT, private security personnel
when are warrants issued? (list)
when the accused person
1. cannot be located
2. has failed to appear in court
3. escaped custody
gives the right for any peace officer in the area to arrest the named individual and bring them to court
when can an arrest be made without a warrant? (list)
- if reasonable and probable grounds that a person has committed or about to commit an indictable offence
- if officer finds someone committing an offence, whether indictable, summary, or hybrid though alternatives to arrest must be considered
- if officer reasonably believes a person is about to join or renew a breach of peace
(breach of peace is a common law term and includes actions that could result in actual/threatened harm to someone or to their property)
What steps of an arrest can a citizen make?
When a citizen witnesses a breach of peace they are to
1. step in and break it up
2. detain someone but only using “force as reasonably necessary”
citizens can only make a citizens arrest when:
1. they find someone committing an indictable offence
2. if there are reasonable and probable grounds to believe that person has committed any criminal offence and is being freshly pursued by people with authority to arrest - power to assist
3. after a citizens arrest, they must turn over the individual to an officer “forthwith - right away”
Arrested… then what? (list)
- individual released from police hold and signs an information and a promise to appear confirming they will show at court
- bail hearing, individual is not released from police hold and is brought in front of a JP within 24 hours or less
What are the justifications for keeping accused in custody? (list)
- Primary Cause - to ensure accused will show at court
- Secondary Cause - to ensure the safety of the community
- Tertiary Cause - to maintain confidence in the administration of justice
First appearance in court
If summary conviction offence…
accused may send lawyer and not appear in court (be present)F
First appearance in court
If indictable or hybrid offence…
accused must attend in person, and if represented, must be by a lawyer
