T3 Exam short response Flashcards
what do police need to search property
consent of owner or a warrant
who can issue a warrant
district or supreme court judge or a justice of the peace
what is a search without a warrant called
emergent search
what conditions allow an emergent search
reasonable suspicion that evidence of commission of an offence will be destroyed or concealed if the place isn’t immediately searched
what do police need to search a person
reasonable suspicion that they possess a weapon, stolen property or an unlawful dangerous drug
what conditions are there to searching someone
limiting embarrassment, conducted either by same sex police or a doctor, reasonable suspicion
what are the 4 elements of an arrest
- warning/caution
- being told the charge
- touch to indicate control
- police identification
for what reasons can police arrest without an arrest warrant
if an indictable offence has been committed, to prevent continuation of an offence, to prevent fabrication of evidence, to prevent harassment of a witness
what rights does the PPRA balance
individual freedoms and community safety
why may someone elect to have a case heard summarily
no cost for jury, more time efficient, no conviction for an indictable offence, penalty cannot exceed 3yrs
what are examples of non-indictable offences
shoplifting, speeding etc.
what are examples of indictable offences
murder, rape, grievous bodily harm, kidnapping
why is offence classification important
- determines what court and who will hear the case
- severity of punishment (fines, prison time etc.)
- time from which an offence was committed that it can be bought to court
- whether legal aid may be provided
what are the criteria for a committal hearing to be required
accused has committed an indictable offence, plead not guilty and not elected to have a summary hearing
components of a fair trial
presumption of innocence, right to trial by jury, onus of proof, standard of prood, right to silence
