Powers of Arrest/Miscellaneous Flashcards
What is Public Law?
Rules between individuals/society
What is Private Law?
Civil - Rules between individual
What are 3 types of law?
(1) Common Law - traditional
(2) Statute Law - enacted by government
(3) Case Law - developed by judges
What is Procedural Law?
(1) Instructions for Police
(2) How the law is enforced/administered
What is substantive law?
(1) Instructions for citizens
(2) rights/duties of each person
Courts - What are the 5 levels?
(1) Supreme Court of Canada
(2) Appeals Court of Ontario
(3) Superior Court of Ontario
(4) Ontario Court of Justice
(5) Provincial Offences Court
What do Judges/JP’s preside over?
(1) Superior Court (serious offences)
(2) Provincial Court Judge (criminal and 553 offences)
(3) Justice of the peace (provincial, bylaw, bail)
What are the 3 classification of offences?
(1) summary conviction
(2) dual procedure
(3) indictable
Facts in Issue - T.I.P.P?
T - Time/date
I - Identity
P - Place
P - Plus elements
What are the 2 elements for a criminal offence?
(1) Mens Rea - Intent/guilty mind
(2) Actus Reus - The act itself/guilty act
Definition of Criminal offence?
Breach of a federal law
Definition of reasonable grounds
Objective/subjective view, beyond mere suspicion, base in fact
Definition of arrest
(1) Physical control
(2) understand their liberty taken away
Investigative Detention
Brief detention for investigative purposes
Lawful Authority
Authorized by law, acting in good faith
Acting in good faith
without honest intention free from any knowledge of irregularity
Justified
free from criminal/civil liability
Detention
Restraint of liberty short of arrest
Accused
(1) Issued an appearance notice
(2) arrested criminal offence
R.C.A.
R - Recognize
C - Classify
A - Authorities
P.I.C?
P - Prevent continuation
I - Investigate
C - Court
What are Citizens Powers of Arrest?
(1) (a) Finds committing indictable offence (dual procedure)
(b) RG believes has committed CRIMINAL OFFENCE and is escaping from and being freshly pursued by someone with lawful authority to arrest
(2) owner/occupant finds committing criminal offence on or in relation to property, and
make arrest at time or RG not feasible for PO to make arrest
(3) shall turn over to PO forthwith
PO Powers of Arrest
(1) PO
(a) Has committed indictable offence (Past)
(b) RG believes committed indictable offence (present)
(c) or is about to commit indictable offence (future)
(2) finds committing criminal offence
(3) outstanding arrest warrant within territorial jurisdiction
What are PO’s arrest limitations? Shall not arrest for?
(1) 553 indictable
(2) dual procedure
(3) summary conviction
if,
PRICE is met
P - Public Interest R - Repetition/Continuation I - Identity C - Court E - Evidence
4 P’s:
Protect Public
Protect Property
Protect Accused
Prevent breach
Arrest accused on interim release (s. 495.1)
(1) RG believes has contravened or is about to contravene any summons, appearance notice, undertaking, release order
(2) has committed indictable offence while released on a summons, appearance notice, undertaking, release order
(3) compel them to a 524 hearing
s. 31 - Arrest breach of the Peace
(1) witnesses or RG person about to join in or renew
(2) harm person/property
(3) no charge
What are the 6 steps to arrest?
(1) ID self
(2) tell under arrest
(3) tell then reason for arrest
(4) take physical control
(5) RTC
(6) ensure understand reason and RTC
What do you do after the 6 steps to arrest?
(1) Caution - voluntariness of statement
(2) Secondary caution - removes minor inducements
Appearance notice for judicial hearing
(1) failed to comply with summons/appearance notice/undertaking/release order
(2) failed to attend court
(3) issue an appearance notice without charge
Use of Force s. 25
(1) Protection acting under authority
(2) Acting in good faith
(3) GBH/death unless RG necessary protect self/others
(4) PO or assistant causes GBH/death protect from imminent or future death/GBH and flight cannot be prevented
(5) same as above - person escaping penitentiary
Use of Force s. 26
EXCESSIVE force not justified/criminally responsible
Use of Force s. 27
Prevent commission of offence
Use of Force s. 31
Breach of the Peace
Use of Force s. 34
Defence
force or threat of force
defending/protecting
does not apply to false arrest
