Criminal Law: Arrest and Detention

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Questions and Answers

What must an accused demonstrate to have bail granted?

Willingness to abide by court conditions and not interfere with justice (correct)

Intent to commit further crimes while out on bail

The ability to pay a specified amount of money

A history of attending previous court dates

What legal action can an accused take if bail is denied and they believe detention is illegal?

File a motion for release based on personal circumstances

Request a retrial based on new evidence

Submit a plea for immunity from charges

File a writ of habeas corpus (correct)

What does a writ of habeas corpus require the Crown to do?

Present evidence against the accused

Offer a plea deal to the accused

Provide the accused with a defense attorney

Justify detention of the accused and ensure no mistreatment (correct)

What may happen if the Crown fails to justify continued detention in a habeas corpus hearing?

The court may order the release of the prisoner until trial Signup and view all the answers

Which of these is NOT a criterion for the Judge to consider when determining bail?

Involvement of the accused in community service Signup and view all the answers

What must the police do before conducting a search under a search warrant?

Show the warrant to the person in the place to be searched Signup and view all the answers

What is one of the conditions for a search to be legal and connected to a lawful arrest?

The manner of the search must be reasonable Signup and view all the answers

Under what circumstance may police conduct a search without a search warrant?

If there is imminent injury or death to a person Signup and view all the answers

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

Crime, items sought, and reasonable grounds for searching Signup and view all the answers

For how long may the police retain arrest records if a person is acquitted?

10 years Signup and view all the answers

What is a telewarrant?

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

When can an accused apply for bail?

Usually after arrest for a serious indictable offense Signup and view all the answers

What guarantees that a suspect will not be denied reasonable bail?

Section 11(e) of the Charter of Rights and Freedoms Signup and view all the answers

What is a show-cause hearing?

A judicial hearing to determine detention or release before trial Signup and view all the answers

Which scenario could trigger a reverse onus situation regarding bail?

The charge is murder or serious indictable offense while on bail Signup and view all the answers

What is one reason the Crown might request a show-cause hearing?

To convince the Judge to keep the accused in custody until trial Signup and view all the answers

Which of the following is true about items confiscated during a search?

Items in plain view related to the crime can be confiscated Signup and view all the answers

What must happen if the police are monitoring a suspect suspected of serious gun crimes?

They may be required to show why they shouldn't be kept in jail Signup and view all the answers

What is the primary goal of police interrogation techniques?

To develop a trusting relationship with the suspect Signup and view all the answers

Which of the following is NOT a step required for a lawful arrest?

Inform the accused of their rights Signup and view all the answers

What does an appearance notice compel an accused person to do?

Appear in court Signup and view all the answers

Under what condition can police officers arrest someone without a warrant?

If they observe the suspect committing an offence Signup and view all the answers

Which statement best describes a citizen's arrest?

An arrest without a warrant by any person other than a peace officer Signup and view all the answers

What must be shown for an arrest warrant to be issued?

Reasonable grounds to believe that a crime was committed Signup and view all the answers

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

A bench warrant may be issued for their arrest Signup and view all the answers

What does reasonable grounds refer to in the context of police arrests?

Information that leads a reasonable person to believe a crime has been committed Signup and view all the answers

Which of the following can police NOT do during questioning of a suspect?

Force a suspect to answer questions Signup and view all the answers

What is the primary purpose of a summoning in the context of legal proceedings?

To compel the accused to voluntarily appear in court for an indictable offence Signup and view all the answers

What procedure is followed when police have reasonable grounds to suspect someone has committed an indictable offence?

Arrest the individual without a warrant Signup and view all the answers

What is the legal document called that the police issue to compel someone to appear in court for a minor offence?

Appearance notice Signup and view all the answers

Which of the following is true regarding the right to remain silent?

It allows the accused to choose whether to answer questions after being informed of rights Signup and view all the answers

What is considered a 'bench warrant'?

An arrest warrant issued directly by a judge for failing to appear in court Signup and view all the answers

Study Notes

Arrest and Detention

Police questioning suspects is permissible, but suspects aren't obligated to answer. The right to remain silent is a Charter right.
Police prioritize building trust with suspects to elicit truth. Open-ended, non-threatening questions are initially used. The four-stage questioning approach involves the entire incident, pre-offence period, offence details, and post-offence period.
Arrest is a formal deprivation of liberty by legal authority. Lawful arrest requires officers to:
- Identify themselves as police.
- Inform the accused of the arrest.
- Immediately state the charge and present an arrest warrant if available.
- Physically indicate custody.
Detention is legally depriving someone of liberty for questioning, potentially with or without physical restriction. Reasonable grounds are needed for arrest, unlike detention.
Appearance Notice: For less serious offences, police often issue an appearance notice requiring the accused to attend court. Failure to appear leads to a bench warrant and a new charge.
Arrest with a Warrant: Police request a summons or an arrest warrant depending on whether the suspect is likely to voluntarily appear in court. An arrest warrant is a formal court order, stating the accused's name, the offence, and the reason for the warrant.
Arrest without a Warrant: Section 495 of the Criminal Code outlines three circumstances allowing warrantless arrest:
- Reasonable suspicion of an indictable or impending offence.
- Witnessing a crime in progress.
- Identifying someone with an arrest warrant.
Citizen's Arrest (Section 494): Citizens can arrest someone committing an indictable offence or if there's reasonable belief they committed or are about to commit a crime.

Searches

Searching a Person: Lawful arrest allows warrantless searches connected to the arrest, if the search is reasonable.
Searching a Place: Search warrant requires sworn information by officers to a judge outlining the crime, targeted objects, and location. Court approval is necessary
The timing is often during daylight hours. Officers must identify themselves and show the warrant.
Police can seize items not in the warrant if related to the crime and in plain view. Evidence is held until trial. Other items are returned within three months.
Telewarrant: A warrant obtained via phone or fax is an alternative in emergency situations.
Pressures for immediate action might allow a warrantless entry to prevent imminent death or injury or to preserve evidence.

Procedures after Arrest

Fingerprinting/photographs are only for those arrested for indictable offences.

Pretrial Release

Release is possible for summary offences or indictable offences with fines of $5,000 or less.
This may require signing a promise to appear in court, a recognizance, or posting a surety.

Bail

Police typically seek detention of suspects accused of serious indictable offences.
Bail hearings occur within 24 hours (ideally) of arrest.
Section 11(e) of the Charter guarantees reasonable bail.
The Crown can request a show-cause hearing; this shifts the burden of proof in specific circumstances including offenses involving firearms, or those involving murder or failing to appear
"Reverse onus" bail circumstances occur when the burden of proof shifts. This usually occurs when charges include indictable offenses involving firearms.
The Habeas Corpus is a right to appeal bail refusal to a higher court

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Description

This quiz covers the principles of arrest and detention within criminal law. Explore the legal requirements for lawful arrests and the nuances of police questioning techniques. Understand the distinction between arrest and detention, along with the rights of suspects during these processes.