Criminal Law: Arrest and Detention

A legal document that requires the government to bring a detained person before a court and provide reasons for their detention.

A legal process where a court can review a decision to deny bail, ensuring the detention of a person is lawful.

The burden of proof lies on the government to justify the continued detention of an individual.

If the government fails to provide sufficient justification for detention, the court can order the release of the individual until trial.

To be considered for bail, the accused must convince the judge that they will attend court, not commit crimes, and not interfere with the justice system.

The legal right of a detained or arrested person to refuse to answer questions from the police.

A four-stage approach used by police during questioning, focusing on the entire incident, the period before the offence, the details of the offence, and the period after the offence.

Legally depriving someone of liberty by physically seizing or touching them to indicate they're in custody.

A legal document issued for less serious offences, compelling an accused person to appear in court.

An arrest warrant issued directly by a Judge when an accused person fails to appear in court.

A legal document issued for an indictable offence, ordering an accused person to appear in court.

A statement given under oath, informing the court of the details of an offence, used to obtain an arrest warrant.

A written court order directing the arrest of the suspect.

An arrest without a warrant made by anyone other than a peace officer.

The legal basis for arresting a suspect without a warrant if the police have reasonable grounds to believe the suspect committed or is about to commit an indictable offence.

The act of legally depriving a person of liberty for questioning purposes, either with or without physical restraint.

A person responsible for preserving public peace, such as a police officer, a mayor, or a customs officer.

The process by which police can search a person without a warrant immediately after arresting them.

The legal doctrine that states a police officer can search a person and the area within their immediate control during a lawful arrest to ensure officer safety and prevent evidence destruction.

A process of questioning that involves engaging with the suspect in a way that builds trust and encourages truthful answers.

A legal document issued by a judge that authorizes the police to search a specific location for evidence related to a crime.

A legal exception to the requirement of a search warrant, allowing police to enter a dwelling without a warrant if they believe that doing so is necessary to prevent imminent injury or death to a person or the destruction of evidence.

The act of obtaining evidence by searching a specific location.

A procedure where the police present a lineup of photographs or individuals to a victim or witness to identify the perpetrator of a crime.

A legal process where an accused person is released from custody before their trial, typically under certain conditions.

A legal document or agreement signed by an accused person promising to appear in court for their trial.

A formal document signed by a surety guaranteeing that the accused will appear in court for their trial. The surety is obligated to pay a sum of money if the accused fails to appear.

A legal process where an accused person is temporarily released from custody upon posting a monetary or other security, while awaiting their trial.

A hearing where the Crown must convince a judge that an accused person poses a risk to public safety or flight risk, and therefore should remain in custody while awaiting trial.

A legal situation where the burden of proof shifts from the Crown to the defence, requiring the accused to show why they should be granted bail.

New bail provisions under the Tackling Violent Crime Act that require those accused of serious gun crimes to demonstrate why they should not be detained while awaiting trial.

A sworn statement provided to a judge by a police officer, outlining the crime being investigated, the items they are seeking, and the reasonable grounds for believing those items are at a specific location.

The act of seizing objects that are not listed in a search warrant, but are in plain view and related to the crime being investigated.

The act of taking photographs and fingerprints of an arrested individual who has been accused of an indictable offence.