Criminal Law: Arrest and Detention Procedures
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Questions and Answers

What is the primary goal of police interrogation techniques?

  • To obtain a confession at all costs
  • To build rapport with the accused (correct)
  • To gather evidence through coercion
  • To intimidate the suspect into speaking

What must police officers do to lawfully arrest someone?

  • Identify themselves and inform the accused of their rights (correct)
  • Use physical force immediately
  • Wait for the suspect to confess
  • Conduct a surprise raid

What is required for police to detain a person without an arrest warrant?

  • A witness to the crime
  • A statement from the person's employer
  • Reasonable grounds to suspect a criminal offence (correct)
  • A signed confession from the suspect

What document compels an accused person to appear in court for less serious offences?

<p>Appearance notice (C)</p> Signup and view all the answers

What happens if an accused person fails to attend court after signing an appearance notice?

<p>They can be charged with failure to appear (C)</p> Signup and view all the answers

Under what circumstance can police arrest without a warrant according to Section 495?

<p>If they suspect a person has committed an indictable offence (A)</p> Signup and view all the answers

What defines a citizen's arrest?

<p>An arrest made without a warrant by any person (D)</p> Signup and view all the answers

What must police inform an accused person of once they are in custody?

<p>Their right to legal representation (B)</p> Signup and view all the answers

What is an arrest warrant?

<p>A court order directing the arrest of a suspect (B)</p> Signup and view all the answers

Which statement about police searches is correct?

<p>Police do not need a warrant if the person is under arrest. (A)</p> Signup and view all the answers

What is the role of 'reasonable grounds' in arrest procedures?

<p>To justify an arrest without a warrant (C)</p> Signup and view all the answers

What happens after a police officer lays an information for an arrest warrant?

<p>The judge decides if it's in the public interest to issue the warrant (C)</p> Signup and view all the answers

What might happen if a person is arrested at the scene of a crime?

<p>They may face charges if the evidence is sufficient (D)</p> Signup and view all the answers

What information is typically included in an arrest warrant?

<p>The name of the accused and details of the offence (C)</p> Signup and view all the answers

What must a police officer provide to obtain a search warrant?

<p>Sworn information to a Judge or justice of the peace (D)</p> Signup and view all the answers

What are the daylight hours during which a search warrant must be executed unless otherwise noted?

<p>6am to 9pm (B)</p> Signup and view all the answers

Which of the following is NOT a situation that allows police to enter a dwelling without a search warrant?

<p>To retrieve lost property (B)</p> Signup and view all the answers

What is a telewarrant?

<p>A search warrant obtained by phone or fax (B)</p> Signup and view all the answers

In what scenario may the police photograph and fingerprint a suspect?

<p>If the suspect is arrested for an indictable offence (D)</p> Signup and view all the answers

What must an accused person sign to be released on pretrial release?

<p>A promise to appear (C)</p> Signup and view all the answers

What can result from failing to appear in court after signing a recognizance?

<p>A fine of up to $500 (C)</p> Signup and view all the answers

What is required within 24 hours after an arrest for serious indictable offenses?

<p>A bail hearing before a Justice of the Peace (A)</p> Signup and view all the answers

What determines whether a reverse onus situation applies during a bail hearing?

<p>The type of crime and previous charges (D)</p> Signup and view all the answers

When might bail be denied to an accused individual?

<p>If charges involve serious gun crimes (B)</p> Signup and view all the answers

What is included in the additional factors considered for bail decisions?

<p>Whether a firearm was involved in the offense (A)</p> Signup and view all the answers

How long will the police usually retain the arrest record if a person is acquitted?

<p>10 years (A)</p> Signup and view all the answers

What does the term 'show-cause hearing' refer to?

<p>A judicial hearing to decide on detainment or release (A)</p> Signup and view all the answers

What can items not listed on a search warrant be taken if they are?

<p>Related to the crime and in plain view (D)</p> Signup and view all the answers

Flashcards

Search warrant

A court document authorizing the police to search a specific location.

Information (for search warrant)

A sworn statement presented to a Judge to obtain a search warrant.

Telewarrant

A search warrant obtained via phone or fax.

Pressing Circumstances (for search warrant)

An exception to the requirement for a search warrant if immediate action is needed to prevent injury or evidence destruction.

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Lineup

A group of photographs or people shown to a victim or witness to identify the perpetrator.

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Bail

Temporary release of an accused person who posts money or other security.

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Show-cause hearing

A judicial hearing where the Crown must convince the Judge to detain the accused before trial.

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Reverse onus

When the burden of proof shifts to the defense to show why bail should be granted.

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Promise to appear

A signed agreement by the accused person to appear in court for a trial.

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Recognizance

A guarantee to appear in court, sometimes involving a financial penalty if the accused fails to appear

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Surety

Someone willing to pay a financial sum if an accused fails to appear in court.

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Right to a speedy trial

The legal right of an accused person to a fair and speedy trial.

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Right to be informed of reason for arrest

The legal right of an accused person to be informed of the reasons for their arrest.

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Right to a lawyer

The legal right of an accused person to a lawyer.

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Right to remain silent

The legal right of an accused person to not be compelled to give evidence against themself.

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Interrogation Technique

A questioning technique used by police officers to obtain information from a suspect. It involves building trust and using open-ended questions to gather details about the incident.

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Arrest

The legal process of depriving a person of their liberty by physical restraint and taking them into custody. This must be done following specific legal procedures.

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Arrest Warrant

A legal document issued by a judge or justice of the peace, authorizing the arrest of a suspect. This document includes the charges and the reason for the arrest.

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Detention

The legal process of depriving a person of their liberty for the purpose of questioning, without necessarily physically restraining them. This can be done without an arrest.

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Appearance Notice

A legal document issued for less serious offenses, requiring the accused person to appear in court. The accused signs the document and is given a copy.

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Bench Warrant

An arrest warrant issued by a judge when an accused person fails to appear in court as ordered. This can lead to additional charges.

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Summons

A legal document issued for indictable offenses, ordering the accused to appear in court. This is usually used when the police believe the suspect will appear voluntarily.

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Information

A statement given under oath, detailing the information about the alleged crime. This is used by police to obtain an arrest warrant.

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Arrest Without a Warrant

Circumstances under which police can arrest a suspect without a warrant, including finding someone in the act of committing a crime.

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Peace Officer

A person responsible for preserving the peace, such as a police officer, a mayor, or a customs officer. These individuals have certain powers of arrest.

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Citizen's Arrest

An arrest made by a civilian without a warrant, usually in situations where a crime is being committed. This is allowed in specific circumstances.

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Search Incident to Arrest

The legal process of searching a person without a warrant immediately after an arrest. This is allowed under specific conditions.

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Search of a Residence

A legal process where the contents of a person's home are inspected, often with a warrant, to find evidence of a crime.

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Study Notes

Arrest and Detention

  • Police Questioning: Police may question suspects, but suspects are not required to answer. The Charter grants the right to remain silent. Statements made after being informed of rights can be used in court.
  • Interrogation Techniques: Police aim for truth through trust-building. They start with open-ended, non-threatening questions, progressing to details of the offense and surrounding events.

Arrest and Detention Procedures

  • Formal Charges: Criminal cases typically begin with formal charges by police.
  • Arrest vs. Detention: Arrest deprives liberty legally. Detention is a temporary deprivation of liberty for questioning.
  • Lawful Arrest Requirements: Officers must: (1) identify themselves; (2) advise the suspect of arrest; (3) inform of charges (and show warrant if available); (4) physically indicate custody.
  • Right to Counsel: Upon arrest, suspects must be informed of their right to legal counsel.
  • Appearance Notice: Used for less serious offenses; compels accused to appear in court. Failure to appear can result in a bench warrant (arrest).

Arrest with a Warrant

  • Summons: A legal document ordering an accused to appear in court, often for an indictable offense.
  • Arrest Warrant: Issued when the police believe the accused will not appear willingly. Involves providing sworn information to a judge.

Arrest without a Warrant

  • Section 495 of the Criminal Code: Allows police to arrest without a warrant in three situations: reasonable grounds suspect offense/about to commit; in the act of committing; suspect named on an arrest warrant.

Citizen's Arrest

  • Section 494 of the Criminal Code: Allows citizens to make warrantless arrests in certain cases, committing an indictable offense, or if there are reasonable grounds to suspect an offense and fresh pursuit of a person who is escaping.

Searches

  • Searching a Person: Police can search someone arrested without a warrant if the arrest is lawful and the search is reasonably related to the arrest.
  • Search Warrant: Court order allowing search of a specific location. Requires specific information (crime, items sought, reasonable grounds) in sworn information to a judge.
  • Search Warrant Details: Includes crime, items sought, location, date and time.
  • Search Procedure: Officers must identify themselves and the warrant to the people on the premises. May seize items in plain view related to the crime. Unrelated items returned within three months.
  • Telewarrant: Search warrant obtained by phone or fax for urgent situations.

Procedures after Arrest

  • Photographs and Fingerprints: Limited to those arrested for indictable offenses.
  • Records: Police retain arrest records for 10 years before destruction, unless the person is not charged or is acquitted.

Pretrial Release

  • Release Considerations: Offered for summary offenses or indictable offenses with fines of $5000 or less.
  • Promise to Appear: Signed agreement to appear in court.
  • Recognizance: Guarantee to appear.
  • Surety: Someone guaranteeing appearance and paying for default.

Bail

  • Bail Considerations: Suspects charged with serious indictable offenses are often kept in custody. Bail hearings within 24 hours.
  • Section 11(e) of the Charter: The right to reasonable bail without "just cause" for denial.
  • Show-Cause Hearing: Crown convinces judge to detain or release.
  • "Reverse Onus": In some cases, the burden of showing why bail should be granted shifts to the defense (e.g., serious offenses).
    • New Bail Provisions (Tackling Violent Crime Act): Specific considerations on firearm offenses and mandatory minimum punishments

Habeas Corpus

  • Illegal Detention: Accused denied bail can appeal to a higher court via habeas corpus. Court compels evidence for detention justification.

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Description

Explore the key elements of arrest and detention procedures in criminal law. This quiz covers police questioning, lawful arrest requirements, and the rights of suspects. Test your knowledge on how these processes are regulated and the implications for suspects.

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