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?

Appearance notice Signup and view all the answers

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

They can be charged with failure to appear Signup and view all the answers

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

If they suspect a person has committed an indictable offence Signup and view all the answers

What defines a citizen's arrest?

An arrest made without a warrant by any person Signup and view all the answers

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

Their right to legal representation Signup and view all the answers

What is an arrest warrant?

A court order directing the arrest of a suspect Signup and view all the answers

Which statement about police searches is correct?

Police do not need a warrant if the person is under arrest. Signup and view all the answers

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

To justify an arrest without a warrant Signup and view all the answers

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

The judge decides if it's in the public interest to issue the warrant Signup and view all the answers

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

They may face charges if the evidence is sufficient Signup and view all the answers

What information is typically included in an arrest warrant?

The name of the accused and details of the offence Signup and view all the answers

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

Sworn information to a Judge or justice of the peace Signup and view all the answers

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

6am to 9pm 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?

To retrieve lost property Signup and view all the answers

What is a telewarrant?

A search warrant obtained by phone or fax Signup and view all the answers

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

If the suspect is arrested for an indictable offence Signup and view all the answers

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

A promise to appear Signup and view all the answers

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

A fine of up to $500 Signup and view all the answers

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

A bail hearing before a Justice of the Peace Signup and view all the answers

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

The type of crime and previous charges Signup and view all the answers

When might bail be denied to an accused individual?

If charges involve serious gun crimes Signup and view all the answers

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

Whether a firearm was involved in the offense Signup and view all the answers

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

10 years Signup and view all the answers

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

A judicial hearing to decide on detainment or release Signup and view all the answers

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

Related to the crime and in plain view Signup and view all the answers

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.