CSPA Section 244 Quiz
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Questions and Answers

What is a bench warrant?

  • A request for a temporary release from imprisonment.
  • An order for commitment to prison after sentencing.
  • An order issued for the arrest of someone who has failed to appear in court. (correct)
  • A document allowing for the release of a prisoner on bail.

    • What must be included in the legal requirements of an arrest warrant?

  • A specified timeframe for executing the arrest.
  • Signature of the accused and the judge.
  • A description of the accused's family background.
  • Brief description of the offence and the accused's identity. (correct)

    • When can an arrest warrant be executed?

  • At any time unless specified otherwise. (correct)
  • Only on weekends.
  • Only during business hours.
  • After a 24-hour notice is given to the accused.

    • What characterizes a warrant of committal?

    <p>It commits a party to jail for a specified time post-sentence.</p> Signup and view all the answers

    What happens if a surety escapes their obligation?

    <p>A warrant will be issued for the arrest of the person on bail.</p> Signup and view all the answers

    What does the term 'fresh pursuit' primarily refer to?

    <p>A continuous pursuit with reasonable diligence.</p> Signup and view all the answers

    Which situation allows a person to make an arrest without a warrant?

    <p>Seeing someone commit an indictable offence.</p> Signup and view all the answers

    What are 'reasonable grounds'?

    <p>A circumstance leading to a strong belief beyond mere suspicion.</p> Signup and view all the answers

    What must happen immediately after a person is arrested without a warrant?

    <p>They must be delivered to a peace officer.</p> Signup and view all the answers

    Which of the following is a requirement for making an arrest based on a reasonable belief?

    <p>The arresting person must be in pursuit of the suspect.</p> Signup and view all the answers

    How is 'continuous pursuit' defined in terms of fresh pursuit?

    <p>It must be uninterrupted and diligent.</p> Signup and view all the answers

    What does an individual need to believe to legally make an arrest without a warrant under S.494?

    <p>That a crime has been committed and the suspect is escaping.</p> Signup and view all the answers

    Which of these scenarios does NOT fall under the definition of an indictable offence?

    <p>A minor offence resulting in a fine.</p> Signup and view all the answers

    What must a person do when required to enter premises where court proceedings are conducted according to CSPA Section 244(1)?

    <p>Identify themselves and provide information to assess security risk</p> Signup and view all the answers

    Under what condition can a person be arrested without a warrant according to CSPA Section 244(2)?

    <p>If they fail to identify themselves after being asked</p> Signup and view all the answers

    What immediate action should be taken when a woman rushes through the metal detector after setting off the alarm?

    <p>Follow her while notifying security</p> Signup and view all the answers

    What behavior indicates a potential security risk when a man is seen in front of the security screening station?

    <p>Expressing anger and damaging property</p> Signup and view all the answers

    If a man expresses intention to harm himself in a public space, which authority should be prioritized?

    <p>Immediate threat assessment and intervention</p> Signup and view all the answers

    What steps should you take if the woman attempts to exit after running through security?

    <p>Follow her and assess the situation</p> Signup and view all the answers

    What is a critical factor to evaluate when determining if someone poses a security risk?

    <p>Their compliance with identification requests</p> Signup and view all the answers

    What should be your response if the man persists in threatening to jump in front of a train?

    <p>Contact mental health professionals immediately</p> Signup and view all the answers

    Under what conditions can a peace officer arrest without a warrant?

    <p>A person who has committed an indictable offence.</p> Signup and view all the answers

    What is one of the conditions that allows a peace officer to believe someone is about to commit an offence?

    <p>Reasonable grounds for belief.</p> Signup and view all the answers

    Who is justified in interfering to prevent a breach of the peace?

    <p>Any person who witnesses the breach.</p> Signup and view all the answers

    What must a person do to legally detain someone committing a breach of the peace?

    <p>Use no more force than is reasonably necessary.</p> Signup and view all the answers

    What allows a peace officer to arrest someone during a breach of the peace?

    <p>Witnessing the event firsthand.</p> Signup and view all the answers

    What type of offence can a peace officer act upon without a warrant?

    <p>An indictable offence.</p> Signup and view all the answers

    What is necessary for a witness to detain someone committing a breach of the peace?

    <p>Witnessing the act or being reasonably believed to have witnessed it.</p> Signup and view all the answers

    What must an individual believe to justify detaining someone for the purpose of giving them to a peace officer?

    <p>That the individual is about to commit a crime.</p> Signup and view all the answers

    What must be ensured during the detention for DNA sampling?

    <p>Rights to Counsel are given</p> Signup and view all the answers

    Under what condition may peace officers use force to obtain DNA samples?

    <p>When they deem it necessary to ensure compliance</p> Signup and view all the answers

    In which scenario would it be appropriate to notify the Supervisor?

    <p>When the offender attempts to leave</p> Signup and view all the answers

    What does the detention for DNA sampling not require?

    <p>The individual to be handcuffed</p> Signup and view all the answers

    What should happen after the DNA sample is obtained?

    <p>The individual can be released immediately</p> Signup and view all the answers

    Who has the authority to arrest without a warrant under Section 495?

    <p>A peace officer on reasonable grounds</p> Signup and view all the answers

    What is a key responsibility of officers during the DNA sampling process?

    <p>To maintain physical control of the individual</p> Signup and view all the answers

    Which of the following is NOT a requirement during DNA detention?

    <p>The individual may be left alone</p> Signup and view all the answers

    Study Notes

    CSPA Section 244(1)

    • A person entering or attempting to enter premises where court proceedings are conducted, or who is on such premises, can be required to identify themselves
    • A person entering or attempting to enter premises where court proceedings are conducted, or who is on such premises, can be required to provide information for the purpose of assessing if the person poses a security risk

    CSPA Section 244(2) Arrest

    • A person authorized by a police service board can arrest a person without a warrant
    • A person can be arrested without a warrant if they have been asked to identify themselves or provide information and they refuse to do so when entering or attempting to enter premises where court proceedings are conducted

    Reasonable Grounds

    • A set of facts or circumstances that a person of ordinary care and judgment would consider a strong belief beyond a suspicion

    Fresh Pursuit

    • Continuous, diligent pursuit, where the pursuit and capture are considered a single transaction in relation to the crime.

    Arrest without warrant by any person - S. 494

    • Anyone can arrest a person without a warrant if they find the person committing an indictable offense
    • Anyone can arrest a person without a warrant if they have reasonable grounds to believe that:
      • The person has committed a criminal offense
      • The person is escaping and is being pursued by people with lawful authority to arrest them

    Arrest without warrant by any person - S. 494

    • The owner or a person in lawful possession of property, or someone authorized by the owner or a person with lawful possession of the property can arrest a person without a warrant if they are caught committing a criminal offense on or in relation to the property
      • The arrest is made at the time of the offense; or
      • The arrest is made within a reasonable time after the offense. It is not feasible for a peace officer to make the arrest.

    Arrest without warrant by any person - S. 494

    • A person who arrests without a warrant shall immediately deliver the person to a peace officer

    Arrest without warrant by a peace officer - S. 495

    • A peace officer can arrest without a warrant
      • Someone who has committed an indictable offense or someone they have reasonable grounds to believe has committed or is about to commit an indictable offense
      • Someone whom they find committing a criminal offense
      • Someone they believe has a warrant of arrest or committal, in any form set out in Part XXVIII, in force

    Preventing breach of the peace – S. 30

    • Someone who witnesses a breach of the peace is justified in interfering to stop a breach of the peace
      • They may detain a person who is committing a breach of the peace or is about to join in or renew a breach of the peace
    • They can detain someone for the purpose of delivering them to a peace officer, if they only use necessary force to prevent or stop a breach of the peace.

    Arrest for breach of the peace – S. 31

    • A peace officer who witnesses a breach of the peace, or someone lawfully assisting the peace officer, is justified in arresting a person who is found committing a breach of the peace or is about to join in or renew the breach of the peace
    • A peace officer can receive into custody any person delivered to them if the peace officer believes that person has been involved in a breach of the peace and the person who delivered the person witnessed the breach of the peace.

    Bench Warrant

    • A bench warrant is an order issued by a judge to a peace officer to arrest a person who has failed to appear or remain in attendance at a hearing or trial

    Warrant of Committal

    • A warrant of committal is an order requiring someone to be committed to prison for a specified period of time
    • A warrant of committal is issued after sentencing.

    Warrant of Committal (Surety Warrant)

    • A warrant of committal is issued when a surety relieves themselves of their obligation
    • The warrant authorizes the arrest of the person who was released on bail
    • An arrest warrant must be signed by the issuing person
    • The name or description of the accused
    • A brief description of the offense
    • An order for the arrest of the accused and to be brought before a judge or justice

    Executing an Arrest Warrant

    • A warrant can be executed, unless otherwise specified:
      • At any time
      • By one or more officers within the territorial jurisdiction or anywhere in Canada if in fresh pursuit

    Foreign Nationals - TPS 04-13

    • Includes: foreign nationals other than Canadian citizens
      • Landed immigrants
      • Permanent residents
      • Refugee claimants
      • Visitors (tourists, students, temporary workers)
      • Persons without legal status

    DNA Detention - TPS 02-01 Arrest Warrants and TPS 04-13 Foreign Nationals

    • Peace officers are authorized to use as much force as is necessary to obtain a DNA sample
    • A person’s right to counsel must be provided
    • Detention must be reasonable
    • A person cannot be left alone during detention
    • Memorandum book notes must be made

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    Authorities Day 1 and 2 Notes PDF

    Description

    Test your understanding of CSPA Section 244, which outlines the identification requirements and arrest conditions for individuals at court premises. This quiz will cover key terms such as reasonable grounds and fresh pursuit to ensure comprehension of these legal concepts.

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