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Questions and Answers

For arrest purposes, how are dual procedure offences considered?

As civil offences

As summary offences

As indictable offences (correct)

As regulatory offences

What must be proved in a criminal case after an information is commenced?

Facts in issue (correct)

Witness testimony

Defendant's innocence

Prosecutor's opinion

What is the definition of 'psychological detention'?

A situation where a person is physically restrained by a peace officer

A suspension of an individual's liberty by psychological restraint (correct)

A situation where a person is singled out based on their minority status

A condition where a person is compliant with a peace officer's instructions

What is required for an arrest to be considered accomplished?

The person must be physically controlled with the intent to detain Signup and view all the answers

What is the test for 'reasonable grounds' for arrest?

There must be such facts as would cause a reasonable person to believe that the suspect has committed or is about to commit an offence Signup and view all the answers

What term is applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor?

Dual procedure offence Signup and view all the answers

Upon arrest or detention, everyone has a right to be:

informed promptly of the reason for arrest or detention Signup and view all the answers

What can a person do if their rights or freedoms guaranteed by the Charter have been infringed or denied?

Apply to a court of competent jurisdiction to obtain a remedy Signup and view all the answers

Under what circumstances should evidence be excluded?

If the evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by the Charter Signup and view all the answers

Under what circumstances can anyone arrest a person without warrant as per Section 494(1)(a) C.C.?

If the person is found committing an indictable offence Signup and view all the answers

What action is required of anyone other than a peace officer who arrests a person without warrant as per Section 494(3) C.C.?

They must deliver the person to a peace officer forthwith Signup and view all the answers

Which of the following is true regarding officers’ notes in investigations?

Officers have a duty to prepare accurate, detailed, and comprehensive notes Signup and view all the answers

What should be included when making a late entry in the notebook?

A brief summary of the event and the reason for the late entry Signup and view all the answers

When arresting someone, what details take precedence in your notes?

Articulating arrest grounds, arrest details, and charter obligations Signup and view all the answers

What is the overall mission of ICEN?

To improve communication in potentially volatile situations Signup and view all the answers

What does NRA stand for in the context of Officer Safety?

Acceptable Risk Effective Necessary Signup and view all the answers

What type of approach would the statement 'I can see you are struggling, I’m here to help you' be classified as?

Relational Signup and view all the answers

What is the purpose of the Ontario Public-Police Interactions Training Aid?

To provide training and context to understand police officers’ decisions during public interactions. Signup and view all the answers

What can the verbal and non-verbal approaches taken by people in potentially volatile situations be referred to as?

De-escalation Strategies Signup and view all the answers

What should an officer be assessing in the 'Assess' portion of 'Assess-Plan-Act'?

themselves and the situation, continuously Signup and view all the answers

According to the Highway Traffic Act, what is the minimum age to operate a motor vehicle on a Highway in Ontario?

16 years Signup and view all the answers

What is the primary purpose of the driver’s license system in Ontario?

To protect the public and maintain safety on highways Signup and view all the answers

According to HTA 44.1 and 44.2, what are the conditions for a Class ‘G1’ (novice) driver regarding alcohol and drugs?

Zero Alcohol (BAC) and no Presence of Drugs allowed Signup and view all the answers

Which of the following is a ‘MOTOR VEHICLE’ as defined by the Highway Traffic Act?

A motorcycle Signup and view all the answers

What is the definition of 'Motor Vehicle' according to the HTA?

Automobile, motorcycle, motor-assisted bicycle, other vehicle not powered by muscular power but not a motorized snow vehicle, power assisted bicycle, farm tractor, self-propelled implement of husbandry, road building machine, streetcar or traction engine Signup and view all the answers

What does the term 'Roadway' refer to, as per the HTA?

The part of the highway that is improved, designed or ordinarily used for vehicular traffic, excluding the shoulder Signup and view all the answers

For which condition of the driver's license can police stop and search a vehicle to check for an ignition interlock device under the Highway Traffic Act?

Condition 'I' Signup and view all the answers

What is required for a provincial offences officer to lay a charge under Part I of the Provincial Offences Act?

Belief Signup and view all the answers

When must the 'certificate of offence' be filed with the office of the court?

As soon as is practicable after service, but no later than 7 days Signup and view all the answers

Who may lay information before a Justice in the Part III process?

Anyone Signup and view all the answers

When is a Short Form Summons used in the Part III process?

When the defendant is found by a Provincial Offences Officer to be 'at or near' the place where the offence occurred Signup and view all the answers

What must a provincial offences officer have to commence proceedings under Part III of the Provincial Offences Act?

Reasonable and probable grounds to believe an offence has been committed Signup and view all the answers

What is the maximum fine that must not be exceeded when serving a certificate of offence on a person before court?

$1000 excluding court costs and the victim surcharge Signup and view all the answers

What charge document is used for a more serious Provincial Offences Act (POA) offence?

Part III long or short form summons Signup and view all the answers

What specific criteria is required for a Short Form Summons to be issued?

The offender must be found at or near the place of offence. Signup and view all the answers

What is the purpose of an Information in the context of POA offences?

To commence proceedings under a Part III process Signup and view all the answers

How many number plates are required on a motor vehicle in Ontario?

2 plates front and rear Signup and view all the answers

What is the maximum number of days a buyer has to notify the Ministry after purchasing a motor vehicle?

6 days Signup and view all the answers

What are some examples of extrajudicial measures provided by the Youth Criminal Justice Act (YCJA)?

No further action, warn the young person, administer a caution, refer to a program Signup and view all the answers

What is the actus reus?

The physical act of committing the crime Signup and view all the answers

What does a "legal justification" or "excuse" mean in court?

A sufficient or acceptable excuse or explanation made in court that justifies an otherwise illegal/criminal act Signup and view all the answers

What is the purpose of 'Slicing the Pie' in the context of building searches?

To methodically clear an area for potential threats Signup and view all the answers

What percentage of officers wearing duty belts experience chronic lower back pain?

86% Signup and view all the answers

When is the spine most vulnerable?

Flexed and laterally bent Signup and view all the answers

How long should one be able to front plank/side plank for minimum to minimize the risk of developing lower back pain?

3 min/1 min Signup and view all the answers

Which indicator suggests that a person may be in a mental health crisis rather than behaving like a criminal offender?

The subject appears to be depressed Signup and view all the answers

What is the actual danger area for a vehicle stop?

Rearward danger area Signup and view all the answers

Where should an officer position themselves during a vehicle stop?

Actual danger area Signup and view all the answers

When can a peace officer apprehend a child under 16 years without a warrant?

When the child is found in a public place between 12am-6am without an authorized person over 18 Signup and view all the answers

Under what circumstances can a peace officer enter premises by force to search for and remove a child?

When the child is in need of protection and there is a substantial risk. Signup and view all the answers

When can a peace officer bring a child actually or apparently younger than 12 to a place of safety without a warrant?

If the child has committed an act for which a person 12 or older could be found guilty of an offence Signup and view all the answers

What is the maximum amount an accused may be requested to pay if they fail to comply with any condition of the undertaking?

Not more than $500 Signup and view all the answers

Which form is used to compel someone to court for a summary conviction offence when the police officer did not witness the offence?

Form 6 Criminal Summons Signup and view all the answers

According to the ladder approach, which form of release in a release order is to be the least onerous for the offender?

Release order without financial obligations Signup and view all the answers

What constitutes disarming a police officer?

Taking or attempting to take a weapon without the officer's consent Signup and view all the answers

When does the offence of voyeurism apply under the Criminal Code?

Recording a person in a state of nudity or engaging in sexual activity without their consent Signup and view all the answers

What does 'cause disturbance' under Section 175(1)(a) of the Criminal Code encompass?

Causing a disturbance in a public place by fighting, screaming, shouting, swearing, being drunk, or impeding or molesting others Signup and view all the answers

What is the requirement for approaching a stopped emergency vehicle?

Driver must slow down, proceed with caution, and move into the other lane if safe Signup and view all the answers

What is the appropriate charge for a driver leaving a shopping mall parking lot with a stop sign at the exit, making a left turn onto a highway and colliding with an oncoming car?

Fail to Yield From Private Drive s139(1) HTA Signup and view all the answers

When are pedestrians required to identify themselves

When they refuse to identify themselves in specific situations covered by sections 185(3) HTA and 177(2) Signup and view all the answers

What are the duties of a driver approaching a pedestrian crossover when a pedestrian is crossing on the roadway within the crossover?

Shall stop before entering crossover, shall not overtake another vehicle already stopped at the crossover, and shall not proceed into the crossover until the pedestrian is no longer on the roadway Signup and view all the answers

What are examples of distractions that constitute careless driving?

Eating, applying makeup, reading Signup and view all the answers

What is a requirement for dangerous driving causing bodily harm and death?

The harm must be more than transient or trifling Signup and view all the answers

In what stage of sleep does the body recover psychologically?

REM Signup and view all the answers

Which of the following statements about melatonin are true?

All of the options are true. Signup and view all the answers

Prescription sleeping meds may cause:

depression, further exacerbating sleep issues. Signup and view all the answers

What is the primary objective of police officers in an active attacker situation?

To disrupt the attacker's plans to save lives Signup and view all the answers

What is the responsibility of the Rescue Team in an active attacker event?

To locate and extract victims after the Contact/Search Team has made contact with the suspect Signup and view all the answers

How can an OODA loop be interrupted in an active attacker event?

By splitting personnel up and moving off the line of attack Signup and view all the answers

Lessons learned from active shooter incidents illustrate the importance of:

of Immediate Rapid Deployment (IRD) in response Signup and view all the answers

What was the outcome of the swift response of officers in the Dawson College shooting?

Prevented further casualties by changing the attacker's focus Signup and view all the answers

What is a highlighted need from the Century 16 Theatre shooting incident?

Advanced life-saving techniques and training Signup and view all the answers

What is one of the ways to determine if a young person understands their rights?

Asking, 'What does this mean to you in your own words?' Signup and view all the answers

What is the primary aim of the Youth Criminal Justice Act (YCJA) regarding the publication of the identity of young persons involved in the criminal justice system?

To protect the identity of young persons, with exceptions for situations where publication is deemed necessary for public safety. Signup and view all the answers

In what circumstances can adult sentences be imposed on youth under the YCJA?

When the presumption of diminished moral blameworthiness is rebutted and a youth sentence is not sufficient. Signup and view all the answers

According to common law, the purpose of investigative detention is to detain:

a person when there are reasonable grounds to suspect their connection to a crime being investigated. Signup and view all the answers

What must police officers consider before conducting a search incident to investigative detention?

Reasonable grounds to believe that the officer's or anyone's safety is at risk. Signup and view all the answers

According to the Principle of Restraint, what should officers consider when using the ladder approach for release?

The earliest opportunity for release. Signup and view all the answers

Under what circumstances can an accused be arrested without a warrant according to section 495.1?

If they are about to breach a form of release or commit an indictable offense while on a previous form of release. Signup and view all the answers

What must be satisfied before you can release an accused from your custody?

PRICES Signup and view all the answers

In the acronym PIC, PRICE and PRICES, what does PRICES represent/stand for?

Limitation to release. Signup and view all the answers

What must not be satisfied in order to detain someone for a show cause hearing?

PRICES Signup and view all the answers

Which Act is designed to promote the best interest and well being of children

Child, Youth, and Family Services Act Signup and view all the answers

You receive information that a step-parent may have sexually molested a 15-year-old female. As a police officer you are obliged to?

Investigate, report the matter to the Children’s Aid Society and lay appropriate charges Signup and view all the answers

What is the role of the police in response to elder abuse?

They must be aware of the different forms of abuse and know what actions are required. Signup and view all the answers

According to HTA Sec 106(2), what is the requirement for the driver of a motor vehicle with a seat belt assembly provided?

The driver must wear the complete assembly Signup and view all the answers

If the passenger in a motor vehicle is under 16 and not wearing a seatbelt, who is responsible according to HTA Sec 106(4)(a)(i)?

The driver of the vehicle Signup and view all the answers

Which of the given drivers are exempt from wearing a seatbelt according to HTA Sec 106(6)?

Persons of a certain size Signup and view all the answers

What is considered reasonable identification for an adult passenger who is contravening the seatbelt legislation?

name, address, and date of birth Signup and view all the answers

What should be documented in the occurrence report for criminal harassment?

All facts and reasons for decisions taken Signup and view all the answers

What should be considered in the decision to detain the accused by Justice?

Is the continued detention necessary for the safety of the victim (and the public) Signup and view all the answers

What is the acute response for individuals not previously exposed to OC effects?

Involuntary closing of the eyes, sensation of airway restriction, intense pain Signup and view all the answers

When engaging in a foot pursuit, effective communication is key to officer and public safety; however, officers need NOT communicate with:

The media Signup and view all the answers

When turning corners in foot pursuit officers should:

take wide corners and slowly look around wall to avoid walking into a waiting suspect and then assess situation. Signup and view all the answers

Tactics to optimize safety when running behind a fleeing suspect include:

offset to the left. Signup and view all the answers

What is the first priority of police when responding to an aquatic emergency?

officer safety Signup and view all the answers

What is the primary purpose of Cognitive Behavior Therapy (CBT)?

Identify and change negative patterns of thinking, improving mood and behavior Signup and view all the answers

What is the primary consideration when using an aerosol weapon as per the legislation affecting OC spray?

The presence of risk of injury to the subject or police officer Signup and view all the answers

What does Criminal Code Sec 26 specify about the use of force?

Anyone authorized to use force is criminally responsible for any excess thereof Signup and view all the answers

According to the legislation, when should an officer use an aerosol weapon like OC spray?

Only when alternatives present a risk of injury to the subject or police officer Signup and view all the answers

In order for a criminal threat to take place the receiving party only has to:

believe that the offender wanted to be taken seriously. Signup and view all the answers

In order for a criminal threat to be considered by police, it must be delivered:

to the intended victim, but can be through a third party. Signup and view all the answers

A threat warranting a criminal charge must be to cause:

death, bodily harm, damage to property, or to injure pet(s) or animal(s). Signup and view all the answers

One of the key elements in a criminal harassment is to:

cause the victim to reasonable fear for their safety. Signup and view all the answers

According to the procedures, what should officers responding to an occurrence or undertaking an investigation of elder and vulnerable adult abuse do?

Ensure the safety of the victim, assess their needs, and refer them to community resources Signup and view all the answers

The physical act of committing the crime is termed:

Actus Reus Signup and view all the answers

Study Notes

The Prosper Warning: Key Points

Cyril Prosper was arrested for impaired operation and theft of a vehicle
He was advised of his right to retain and speak to counsel, and also duty counsel
He declined to call private practice lawyers due to cost concerns
The defense argued his 10(b) rights had been infringed, and the Breathalyzer results were excluded
The Supreme Court ruled in favor of Cyril Prosper
The ruling established the "Prosper Warning" for asserting the right to counsel and later changing one's mind
Police must ensure the accused understands their right to a reasonable opportunity to contact a lawyer
The accused party need not arbitrarily give up their right to counsel due to frustration or cost concerns
Officers must document all efforts to contact counsel and consider what is reasonable while waiting for a return call
Re-advising the party of free legal aid duty counsel is not considered an error
The "Prosper Warning" engages when the accused changes their mind after asserting their right to counsel
Officers must ensure the party is aware of their choices and capture the conversation in its entirety

Provincial Offences Act - Key Points

Failure to respond to an Offence Notice within 15 days results in automatic conviction
Laying an Information before a Justice in Part III formally commences proceedings and informs the defendant of the allegations
Anyone may lay information before a Justice in the Part III process
Form 104 Summons is used when the defendant is found 'at or near' the place where the offence occurred
The purpose of a Summons in the Part III process is to require the defendant to attend court at the specified time and date
A Provincial Offences Officer requires reasonable and probable grounds to commence proceedings under Part I
A provincial offences officer must have reasonable and probable grounds to believe an offence has been committed to commence proceedings under Part III
The penalty for failure to attend trial may include imprisonment
The Certificate of Offence is used to commence proceedings for an offence under Part I of the Provincial Offences Act
The penalty for failure to attend trial under Part IV requires proof of failure to attend trial
The penalty for counselling under Part VI of the Provincial Offences Act is conviction in the absence of the defendant
The maximum fine that must not be exceeded when serving a certificate of offence on a person before court is $1000

Youth Criminal Justice Act (YCJA) and Extrajudicial Measures

The YCJA provides various extrajudicial measures as alternatives to formal court proceedings for young offenders.
These measures include police cautions, community program referrals, Crown cautions, and extrajudicial sanctions.
Officers may still lay charges when necessary, and courts may scrutinize the decision not to use extrajudicial measures.
Officers can consider mitigating and aggravating factors when deciding whether to apply extrajudicial measures.
Extrajudicial measures are seen as effective ways to address youth crime, repair harm, involve the community, and allow youth courts to focus on more serious cases.
Extrajudicial sanctions are the most formal measure and require the young person's consent, acceptance of responsibility, and advice on the right to counsel.
Restrictions apply to the use of extrajudicial measures, and admissions cannot be used against the young person in civil or criminal proceedings.
Conferences under the YCJA allow for various perspectives and creative solutions, involving the victim and community members in the youth criminal justice system.
Conferences can be called by various authorities and serve purposes such as advising on extrajudicial measures, sentencing, and reintegration plans.
Recording extrajudicial measures is essential for future consideration, data collection, effectiveness demonstration, resource identification, and cross-border communication improvement.
The YCJA applies to youth aged 12 to 17 and includes provisions for officer safety and arrest authorities for young offenders.
Future sessions will cover rights to counsel, notice to parents, youth cautions, cautioned statements, and notification and publications.

Youth Criminal Justice Act (YCJA) and Youth Sentencing

YCJA provides judges with various sources of information for sentencing, including criminal record, offender's lifestyle, attitude, impact on victim, gravity of offense, and circumstances of the offense
YCJA includes types of sentences such as absolute discharge, conditional discharge, judicial reprimand, monetary fine, restitution, compensation, community service, probation, ISSP, intermittent custody, deferred custody, and IRCS
Adult sentences for youth under YCJA depend on the type of offense and the youth's moral blameworthiness
Melissa Todorovic and David Bagshaw were both young persons convicted of 2nd degree and 1st degree murder respectively and sentenced as adults
YCJA prohibits the publication of a youth's identity, with exceptions if the youth is deemed a danger to others
YCJA allows access to youth records by specific individuals and groups, with detailed provisions on the period for record access
YCJA permits disclosure of information in a record to school officials if necessary for compliance, safety, or rehabilitation
A case study involving the Hamilton Police Service illustrates the application of an Ex Parte Leave to Publish for a girl accused of murder
Police were authorized by a judge to release the identity of the girl for a short period due to her perceived danger, despite YCJA's publication prohibition
The special authorization to release the girl's identity was lifted after successful efforts to locate her
The case study was captured on a specific date and source
The text is part of a Federal Law Workbook on YCJA

Studying That Suits You

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Description

This is practice exam is intended to cover content from the first three weeks of BCT. There are no recorded scores for this practice exam, it should guide your studies and questions for your instructors upon your arrival at OPC.

Exam 1 at OPC WILL be graded and will cover the same content, so completing this under test conditions (timed, independent work) is a great idea. This practice exam has a set 90 minute time limit.

At the end of the practice exam, you can see your test sheet to guide your studies. You also have access to "flash cards" to further challenge yourself.