Police Powers Exam Flashcards
___________________________ is “a reactive power dependent upon a reasonable belief that the detained person is implicated in a prior criminal act.”
Investigative Detention
A police officer requires reasonable grounds to arrest a person they find committing a criminal offence. T/F
False
Unless the ___________ can prove that the confession made by the accused is voluntary, it will not be admitted as evidence.
prosecution
The right to counsel is fundamental in our criminal justice system. If the accused waives this right, the _________________ must make the accused fully aware of the consequences.
crown
An accused will be held in custody if they are a danger to society or are at risk of __________________________.
fleeing (PRICE)
What is the difference between onus and reverse onus?
Where the accused takes responsibility to prove or disprove something.
A person charged with a summary conviction offence may appear in person or by a representative to plead. T/F
True
Search incident to arrest is a common law authority that allows police to :
Search the immediate surroundings after making an arrest
Murder, treason, and piracy are examples of ________ Jurisdiction.
EXCLUSIVE s.469
Theft under, possession under & fraud under $5000 are examples of __________ jurisdiction.
ABSOLUTE s.553
A person who gives police consent to search must have “informed consent”. Four guidelines to establish consent was voluntary:
- There was a consent, either express or implied;
- The consenting party has the authority to give the consent;
- Consent was not due to police coercision
- The consenting party knew they could refuse the search;
Three levels of arrest
Street level: arresting officer
Station Level: peace officer
Court Level: Justice
what is PRICE
Public interest
Repetition
Identity
Court
Evidence
what is an information?
document that initiates criminal proceedings, and outlines charges against the accused. Sworn before a justice ASAP
what is an undertaking?
document that requires the accused to agree to appear in court on a specific date to be released from custody
what is a General Classification?
violent crime, property crime, etc
What is a Legal Classification?
Indictable, hybrid, summary offenses
what is the Summary Court Process?
Justice or judge alone, appear in person or representative to plead NO JURY
What is the Indictable Court Process?
Defense election options, trial by judge, with or without jury and with or without preliminary hearing
what is an election offence?
offenses not in s.469 & s.553 - robbery, sexual assault, impaired driving
what does a crown attorney do
Chooses whether or not to lay charges and final say of whether it will go to trial or not
Plea Bargain
an agreement by the accused to plea guilty for some benefit, less charges, less time, etc.
Documents used to release offender?
Appearance notice issued by peace officer (form 9)
Summons issued by judge (form 6)
Information (form 2)
Undertaking (form 10)
Benefits of police discretion?
Compassion in policing
Working respectfully with the community
Protecting other officers
3 types of Discrimination?
direct – towards characteristics
, indirect- non intentional
, and systemic – attitudes became accepted within organization
Police do not have special authority in school who does?
Principle
What is not required in an information?
Name of officer who released offender.
Search incident is what kind of law?
Common law
How many hours do the police have to bring an offender to bail hearing?
24 hours
Is there a time limit to lay a charge on indicitable offence?
No
5 types of warrants
Warrant in the first instance
Bench warrant
Committal warrant
Committal Warrant in Lieu of Surety
Witness Warrant
Warrantless entry is permitted in exigent circumstances if it is?
LAWFUL and REASONABLE
Section 8 of the charter states?
Everyone has the right to be secure against unreasonable search or seizure
Undertaking vs appearance notice?
undertaking to be released from custody, app notice to attend court
What is the Plain view doctrine?
permits seizure of things in plain view
T/F Can you release on dual/hybrid if price is met,
TRUE
T/F Can a citizen lay an information?
False
T/F Information is laid for all offences,
True
T/F Does the CCC have any police discretion,
FALSE
Voluntary accompaniment
where a person who is not being held for investigative detention chooses to remain with police
