P- Prevent continuation I - Investigate C - Court If yes >>> 6 steps to Arrest

Review Fed Flashcards by Penni Sisak

What are the three Public Laws?

Criminal
Constitutional
Administrative

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Deals with crimes and punishments.

Criminal Law (Public)

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Defines relationship between various branches/levels of government; limits the exercise of governmental power over individuals; and protects human rights and fundamental freedoms.

Constitutional Law (Public)

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Includes actions and operations of government.

Administrative Law (Public)

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Civil law sets the rules between individuals (Civil Case).

Private Law

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R.
C.
A.

Recognize
Classify
Authority

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Classify: Trespass at night

Summary

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Classify: Aggravated assault

Indictable

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Classify: Theft under

Dual

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Classify: Caused disturbance

Summary

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Classify: Murder

Indictable

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Classify: Assault

Dual

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Sec. 504 C.C.
(no charge can be delayed until information is sworn before a justice of the peace)

ANYONE who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing an under oath before a justice, and the justice shall receive the information.

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Sec. 494 (1)
FINDS COMMITTING/ REASONABLE GROUNDS/ BELIEF
Arrest without warrant by any person

Anyone may arrest without warrant
-person whom he FINDS COMMITTING
an indictable offence
-person who, on REASONABLE GROUNDS, he believes has committed a criminal offence, is escaping from and freshly pursued by persons who have lawful authority to arrest

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-Finds Committing Indictable
-Helper R/G + L/A
-Owner F/C Crim

Sec. 494 (Arrest w/out Warrant and Release from Custody)

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Facts In Issue

T - Time/ date
I - Identity
P - Place
P - Plus Elements

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Reasonable Grounds

Confession
Credible Witness (+ Communicated)
Circumstantial

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Sec.495 (1)
Arrest w/out Warrant by Peace Officer

A peace officer may arrest without warrant:
-a person who has committed an indictable offence; reasonable grounds he believes has committed; or is about to commit an indictable offence
-finds committing a criminal offence (indictable or criminal)
-a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal and any form set out in part XXVIII in relation there to, is enforced within the territorial jurisdiction in which the person is found

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-R/G Indictable P-P-F
-Finds Committing (Criminal)
-R/G warrant/ jurisdiction/ effect

Sec. 495.1
Arrest without warrant — application of section 524
Sec. 31 Arrest for Breach of Peace

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Reason for Arrest

P- Prevent continuation
I - Investigate
C - Court

If yes&raquo_space;> 6 steps to Arrest

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Sec. 495 (2)
LIMITATION to Arrest

P - Public Interest (4 P’s public/ accused-victim/ property/ b. of peace
R - Repetition
I - Identity
C - Court
E- Evidence

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Sec. 498 (1.1)
LIMITATION to Release

P - Public
R - Repetition
I - Identity
C - Court
E - Evidence
S - Safety (victim/ witness)

After an arrest where no charges are being considered.

Unconditional Release

-No arrest authority are no need to arrest (Price satisfied)
-Compels for court and prints
-Criminal Information sworn first
-Consider principles of restraint section 493.1 (release earliest reasonable opportunity/ least onerous conditions)

CRIMINAL SUMMONS
R/G Charges (T.I.P.P.)

-Release on earliest reasonable opportunity -Least onerous conditions that are appropriate in the circumstances

Sec. 493.1 Principle of Restraint.

-Arrest authority exists, may arrest or limitation set out in Sec. 495.2 -Release/compel for court and print -Anywhere -Consider principles of restraint section 493.1

APPEARANCE NOTICE R/G Charges (TIPP)

-Following an arrest -Once PRICES is satisfied Sec. 498(1.1) -Release/compel for court and prints -Condition, least onerous & nexus to offence -Consider principles of restraint Sec. 493.1

UNDERTAKING R/G Charges TIFF

A suspension of an individuals liberty by restraint, but is not an arrest.

Detention

a) a person to whom a police officer has issued an appearance notice under section 497, and b) a person arrested for a criminal offence

Accused

Sec. 25. (1) Protection of persons acting under authority

Everyone who is required or authorized by law to do anything in the administration or enforcement of the law a) private person b) peace, officer, public officer c) in aid of a peace officer, republic officer d) by virtue of his office is, if he acts unreasonable ground, justified in doing what he is required or authorized to do, and in using as much force as as necessary for that purpose.

Use of Force (key concepts)

1. Who = everyone is authorized or required by law. 2. When = reasonable grounds are EU 3. What = using as much force as necessary. 4. Is = justified

Protected from criminal and civil liability

Justified

Use of Force (Acting in Good Faith)

With honest intentions and free from any knowledge of a regularity

Sec. 25(4) Use of Force (When Protected)

a) police officer making lawful arrest b) person may be arrested without warrant c) person takes flight to avoid arrest d) reasonable grounds forces necessary to protect the peace officer, person, lawfully, assisting or any person from imminent or future, death or grievous, bodily harm AND e) the flight cannot be prevented by reasonable means and a less violent manner

Sec. 25(3) Use of Force (When not Protected)

In using force that is intended or is likely to cause death or grievous, bodily harm UNLESS * person believe believes on reasonable ground that it is necessary for the self preservation of the person or * the preservation of anyone under the person’s protection from death or grieve, bodily harm

Justifying Use of Force

Three Branch Test - authorized, reasonable grounds, necessary Necessary means - imminent, no alternative, proportional Eminent means - intent/ means/ opportunity

Sec. 26 Use of Force (Excess Force)

Everyone who is authorized by lot to use for is criminally responsible for any excess thereof, according to the nature and quality of the act that constitutes the access.

Sec. 34(1) Use of Force - Self Defense

A person is not guilty of an offence if 1. Reasonable belief (trigger) 2. Purpose (motive) 3. Reasonable response (response)

When the term justified is used in relation to Sec. 25 of the criminal code, what does this mean?

Protected from civil and criminal liability

Acting in good faith means?

With an honest intention and free of any knowledge of irregularity

Under section 25 (1) C.C. a person must be acting on?

Reasonable grounds

If you were authorized by lotta use force, and you use access source in the circumstances, you cannot be held criminally liable.

False

In reading section 35 C.C., this section refers to

Self-defence

After deciding to charge a person, everything you must be able to prove is called?

Facts an issue (TIPP)

Reasonable Grounds to Suspect (Reasonable Suspicion) Can connect them to crime Stop, detain, investigate Charter triggered Right to Counsel

Investigative Detention

Protective pat down search ONLY Only if safe and for weapons

Search > Investigative Detention

Will not arrest/ has been met PUBLIC INTEREST REPETITION IDENTITY COURT APPEARANCE EVIDENCE

Limitations to Arrest

Believe on Reasonable Grounds/ Will not release:

PUBLIC INTEREST REPETITION IDENTITY COURT EVIDENCE SAFETY

Methods of Release:

-as soon as practicable -summons, appearance notice or undertaking

Criminal Summons (swear to justice/ then issued)

-no arrest authority to arrest w/o warrant -compel to court once PRICES satisfied -investigation complete

Appearance Notice (Form 9) RELEASE - no conditions -have arrest authority -serve first, swear JP after

-indictable offences (553) -dual offences -summary conviction (had arrest authority)

Undertaking (Form 10) RELEASE - arrested and in custody

must be reasonable circumstances -ensure court appearance -safety/ security/ victim/ witness (conditions) -prevent continuation/ repetition

PRICE not satisfied

Show cause/ Bail Hearing

Reasons to hold for Bail?

Primary- Court Attendance Secondary- Safety Tertiary- Judicial Overview