Unit 3 - Criminal Law Pt. 3

Question 1

Right to Information

Answer 1

• Statues + outcomes of your case
• Scheduling of any criminal proceedings + outcomes of these proceedings
• Offender’s conditional release & timing + conditions of release
• Copies of orders about the offender’s bail, probation, + conditional sentence

Question 2

Right to Protection

Answer 2

• Giving testimony by close-circuit television
• Testifying behind a screen
• Testifying w/ a support person nearby

Question 3

Right to Participation

Answer 3

• Right to present an impact statement + have it considered in court
• Right to have your views considered when a decision is being made that may affect you rights as a victim

Question 4

Right to Restitution

Answer 4

• Restitution = money that the accused pays a victim to cover financial losses that resulted from the crime
  
  • Damage or loss to property
  • Financial loss or expenses due to physical injuries; where victim of offence shares a household w/ offender
  • Actual expenses for moving out of offender’s household for temporary housing, food, child care, + transport
  • For losses incurred by unknowingly purchasing stolen property

Question 5

Right to Make a Complaint

Answer 5

Each province has its own set of procedures regarding complaints against a province agency such as police, crown prosecutors, + victim services.

Question 6

Appearance Notice

Answer 6

• A legal doc stating the criminal charge + court date
• Usually used for summary conviction offences
• Police officer believes accused not dangerous + will appear in court on a specific date

Question 7

Information

Answer 7

• A Complaint that a crime has been committed
• Stating document for a less serious offence

Question 8

Arrest Procedure

Answer 8

1. Identify themself as a police officer
2. Inform the accused of the charge(s)
3. Cautions: right to council; right to remain silent
4. Physically touch the accused to signify custody
   (usually handcuffing the suspect)

Question 9

Arrest Warrants

Answer 9

• In a situation where police believe a suspect may be dangerous or uncooperative, they may persuade a judge to issue a warrant for their arrest
• A warrant names the accused, lists the offence(s), + orders the arrest

Question 10

Summons

Answer 10

• If police have trouble locating a suspect for arrest, they may get a court to issue a summons
• Orders someone to appear in court

Question 11

Citizen’s Arrest

Answer 11

Citizens may arrest someone if…
- They are defending themselves, their dwelling, and/or their property
- They witness an indictable offence while it is in the process of being committed
- They are assisting a police officer

Question 12

Search Laws & Rules

Answer 12

Police officer can search a suspect if:
- The person is being placed under arrest
- They have reason to believe the person may have drugs, alcohol, and/or weapons on them
- They have a search warrant - give copy to whose being searched

• When executing a warrant, police may demand to enter property + may force their way in if no one is home
• Telewarrants can be obtained by telephone, fax, or email if police require a search warrant quickly + don’t have time to appear before a judge in person

Question 13

A Search Warrant Must…

Answer 13

• Identify the premises to be searched
• Identify the criminal offence(s)
• Describe what the officer is looking for specifically
• Be signed by a judge/justice of the peace

If the warrant hasn’t been filled out correctly - entire search may be invalid