Podcast
Questions and Answers
What is the primary goal of police officers when questioning a suspect?
What is the primary goal of police officers when questioning a suspect?
Which of the following is NOT a step that must be followed for a lawful arrest?
Which of the following is NOT a step that must be followed for a lawful arrest?
What should police do if a suspect fails to attend court after being issued an appearance notice?
What should police do if a suspect fails to attend court after being issued an appearance notice?
Under what conditions can police arrest someone without a warrant?
Under what conditions can police arrest someone without a warrant?
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What does a summons require from an accused person?
What does a summons require from an accused person?
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Which of the following is a requirement for a lawful arrest?
Which of the following is a requirement for a lawful arrest?
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What is a bench warrant?
What is a bench warrant?
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What is required for a citizen's arrest according to Section 494?
What is required for a citizen's arrest according to Section 494?
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When is an appearance notice typically issued?
When is an appearance notice typically issued?
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What does 'reasonable grounds' refer to in the context of an arrest?
What does 'reasonable grounds' refer to in the context of an arrest?
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What happens if a suspect is found in the act of committing a criminal offence?
What happens if a suspect is found in the act of committing a criminal offence?
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What is the first step police must follow when making an arrest?
What is the first step police must follow when making an arrest?
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When can police officers legally search a person without a warrant?
When can police officers legally search a person without a warrant?
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What legal document is issued for an indictable offence and orders a person to appear in court?
What legal document is issued for an indictable offence and orders a person to appear in court?
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What must be specified in a search warrant application?
What must be specified in a search warrant application?
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When is a telewarrant most likely utilized?
When is a telewarrant most likely utilized?
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Under what condition can police enter a dwelling without a warrant?
Under what condition can police enter a dwelling without a warrant?
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Which of the following describes the purpose of a lineup?
Which of the following describes the purpose of a lineup?
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What consequences can an accused face for failing to appear in court?
What consequences can an accused face for failing to appear in court?
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Which document is essential for the police to search a private residence?
Which document is essential for the police to search a private residence?
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What must occur within 24 hours of a serious arrest regarding bail?
What must occur within 24 hours of a serious arrest regarding bail?
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What is the primary goal of a show-cause hearing?
What is the primary goal of a show-cause hearing?
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What happens to items seized during a lawful search that are not listed on the warrant?
What happens to items seized during a lawful search that are not listed on the warrant?
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What must police do before conducting a search with a warrant?
What must police do before conducting a search with a warrant?
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Who must provide reasonable grounds in a reverse onus situation?
Who must provide reasonable grounds in a reverse onus situation?
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What term describes the temporary release of an accused who posts money or security?
What term describes the temporary release of an accused who posts money or security?
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What is required for an officer to obtain a search warrant?
What is required for an officer to obtain a search warrant?
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What items must be returned to the owner within three months?
What items must be returned to the owner within three months?
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Study Notes
Arrest and Detention
- Questioning Suspects: Police can ask questions, but suspects are not obligated to answer. The Charter protects the right to remain silent. Statements made after being informed of rights can be used in court.
- Interrogation Techniques: The goal is truth; relationship building is key. Open-ended, non-threatening questions are often used initially. Four stages for questioning a suspect: the entire incident, before the offence, the details of the offense, and after the offense.
- Arrest Procedures: A formal charge initiates a criminal case. An arrest legally deprives someone of liberty. A lawful arrest requires: identifying the officer, informing the accused of the arrest, stating the charges (and showing a warrant if one exists), and physically indicating custody.
- Detention: Different from arrest, detention is for questioning, not necessarily using physical force. It requires reasonable grounds.
Arrest Methods
- Appearance Notice: Used for less serious offences. Legal document compelling court appearance. Signed by the accused, failure to appear can lead to a bench warrant (a judge-issued arrest warrant).
- Arrest Warrant: Issued after information, under oath, is presented to a judge. It details the charge and reason for arrest. Police must have reason to believe the accused will not voluntarily appear in court.
- Arrest Without Warrant: Allowed in three circumstances: reasonable cause for indictable offence or imminent commission of one, apprehending someone committing a crime, or if the arrest is for someone named on an arrest warrant. Not limited to police officers, extends to peace officers.
Citizen's Arrest
- Circumstances: Anyone can arrest if: finding someone committing an indictable offence, having reasonable grounds to believe someone committed a crime or is fleeing lawful arrest, or arresting someone committing an offense on property by the owner or lawful possessor or their agent.
Searches
- Person Search (without warrant): Legal if the arrest is lawful and the search is tied to the arrest and reasonable.
- Place Search (with warrant): Court document authorizing a search of a specific place. Warrant requires details like the crime, items sought, and grounds for believing items are present. Warrants usually specify a specific time/date.
- Search Warrant Procedures: Police must identify themselves, show the warrant, and search during authorized times (usually daylight). Items related to the crime, in plain view, may be seized. Evidence items are held until trial. Unrelated items are returned within three months.
- Telewarrant: Search warrant obtained by phone for urgent situations when a regular warrant is impractical.
Pretrial Release
- Release Options: Some accused of summary offenses or indictable with a fine of $5000 or less may be released.
- Promise to Appear: Signed agreement for court attendance.
- Recognizance: Guarantee to appear. A fine is possible for failure to appear. Deposit not required unless from another province or 200km away.
- Surety: Person willing to pay a sum for the accused. Signs a recognizance.
Bail
- Reasons for Detention: Accused of serious indictable offences are often kept in custody.
- Bail Hearing and Rights: A bail hearing before a Justice of the Peace must be held within 24 hours to determine custody. The right to reasonable bail is protected (Charter).
- Crown's Case: Crown can argue (show cause) for detention based on flight risk, public safety, or other cause.
- Reverse Onus: In certain cases, the burden of proof shifts—defence must demonstrate why bail should be granted (e.g., murder charge, accused charged with crimes while out on bail, non-Canadian resident, etc.).
- Special Circumstances: Since May 1, 2008, new bail provisions apply to gun crimes and specific factors must be considered by the court: use of a firearm, and mandatory minimum sentencing provisions.
- Habeas Corpus: Used to challenge unlawful detention by taking the issue to a higher court.
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Description
This quiz covers the concepts of arrest and detention, focusing on the legal rights of suspects and procedural techniques employed by law enforcement. It also explores interrogation methods and the distinctions between arrest and detention. Test your knowledge of these critical aspects of criminal justice.
