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Questions and Answers
Under what circumstances can a police officer arrest a person without a warrant for summary conviction, dual procedure, or 553 indictable offences?
Under what circumstances can a police officer arrest a person without a warrant for summary conviction, dual procedure, or 553 indictable offences?
- If the person poses a threat to the officer
- If the person is suspected of a minor offence
- If there are reasonable grounds to believe the public interest has been satisfied (correct)
- If the person is a repeat offender
What are the options for releasing an offender who has been arrested without a warrant for summary conviction, dual procedure, or 553 indictable offences when the public interest has been satisfied?
What are the options for releasing an offender who has been arrested without a warrant for summary conviction, dual procedure, or 553 indictable offences when the public interest has been satisfied?
- Detainment until further notice, transfer to a mental health facility, or release to a family member
- Deportation, community service, or probation
- Immediate release with no further action taken, release on bail, or transfer to a different jurisdiction
- Unconditional release with no intent to proceed to court, unconditional release with intent to seek a criminal summons, or by way of an Appearance Notice (Form 9) (correct)
Can a police officer continue to arrest a person without a warrant for a dual procedure offence if the public interest has been satisfied?
Can a police officer continue to arrest a person without a warrant for a dual procedure offence if the public interest has been satisfied?
- Yes, but only if the person poses a threat to the officer
- Yes, if the public interest is not satisfied (correct)
- No, the person must be released unconditionally
- Yes, but only if the person is a repeat offender
Flashcards
Warrantless Arrest Conditions
Warrantless Arrest Conditions
If there are reasonable grounds to believe the public interest has been satisfied.
Release Options After Warrantless Arrest
Release Options After Warrantless Arrest
Unconditional release (no court), unconditional release (criminal summons), or Appearance Notice (Form 9).
Arrest without Warrant - Dual Procedure
Arrest without Warrant - Dual Procedure
Yes, if the public interest is not satisfied.
Study Notes
Arrest Without a Warrant
- A police officer can arrest a person without a warrant for summary conviction, dual procedure, or 553 indictable offences under certain circumstances.
Circumstances for Arrest Without a Warrant
- The officer has reasonable grounds to believe the person has committed or is about to commit an offence.
- The officer has reasonable grounds to believe the person is likely to cause bodily harm to themselves or others.
- The officer has reasonable grounds to believe the person has breached or is about to breach a court order.
Releasing an Offender Without a Warrant
- When the public interest has been satisfied, an offender arrested without a warrant can be released:
- By giving them a promise to appear (written undertaking to appear in court).
- By issuing a summons (a written order to appear in court).
- By releasing them on a recognizance (a written promise to appear in court).
Dual Procedure Offences
- If the public interest has been satisfied, a police officer cannot continue to arrest a person without a warrant for a dual procedure offence.
- The officer must release the person using one of the options mentioned above.
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