Special Constables Training

Questions and Answers

What must you do if a suspect claims they accidentally damaged property by falling?

Arrest them for riding their bicycle on the sidewalk

Arrest them for mischief to property

Charge them under the Highway Traffic Act for riding without a helmet

Not arrest as they have not committed an offence (correct)

To prove the offence of disturbing the peace, what is required in court?

Independent witness testimonies that confirm disturbance (correct)

Physical evidence of disturbance

Only testimony from the disturbed individual

A police report confirming the incident

What is the correct definition of night for the offence of trespass?

9:00 pm to 6:00 am (correct)

9:00 pm to 9:00 pm

8:00 pm to 6:00 am

6:00 pm to 6:00 am

What type of offence is trespassing by night classified as?

Dual Procedure Offence Signup and view all the answers

What is true regarding the offence of cause disturbance?

It can only be charged with witness accounts Signup and view all the answers

What conditions allow a police officer to arrest someone off premises?

The person refuses to identify themselves or their identity is false Signup and view all the answers

Under what circumstances can a person be arrested for trespassing at night?

On reasonable grounds driven by suspicious behavior Signup and view all the answers

What can be done if a threat does not constitute a criminal offense?

Issue a warning and document the encounter Signup and view all the answers

Under Section 146 of the POA, what must police consider when using force?

The nature of the offence and necessary force Signup and view all the answers

Can a 15-year-old be charged under the Trespass to Property Act by way of a Part 1 Offence Notice?

Yes, since he is under 16 years of age Signup and view all the answers

What should be the officer's initial reaction to a complaint of harassment?

Assess the situation and gather necessary details Signup and view all the answers

Who has the authority to arrest without a warrant under TPA?

The owner of the property and their authorized person Signup and view all the answers

What is the source of authority to search a person arrested under the TPA?

The Trespass to Property Act itself Signup and view all the answers

Which of the following actions constitutes an offence under the Trespass to Property Act?

Entering premises without permission Signup and view all the answers

When must police officers be prepared to justify their use of force?

In all situations where force is used Signup and view all the answers

What is an example of reasonable and probable grounds (R&PG) for an arrest?

Witnessing a crime in progress Signup and view all the answers

What is one condition under which no consent can be obtained related to the application of force?

Personation Signup and view all the answers

In a situation where a complainant feels threatened but is not physically harmed, which offence has likely been committed?

Breach of the Peace Signup and view all the answers

If someone threatens to punch you but you do not believe they can do so, how is this situation classified under assault laws?

It is not considered assault. Signup and view all the answers

Which aspect is included in the definition of assault according to the criminal code s. 265(1)?

Assault with a weapon Signup and view all the answers

What must a complainant experience for an offense of criminal harassment to be validated?

Emotional distress due to threats Signup and view all the answers

Which action does NOT constitute a breach of the peace?

Calmly speaking to someone in disagreement Signup and view all the answers

In the context of trespassing laws, which scenario would typically be considered trespassing?

Entering a locked yard without permission Signup and view all the answers

Which of the following is an essential element for the offence of uttering threats?

A communicated threat that causes fear Signup and view all the answers

Study Notes

Police Officer Arrest Authority

Police officers can arrest off premises if there are reasonable grounds and probable cause (R&PG) regarding a contravention.
Offenses include a fresh departure, refusal to identify, or providing false identity.

Use of Force Justification

Section 146 of the POA allows police to use necessary force when authorized by law.
Police must consider the nature of the offense and use only as much force as necessary.
Officers are required to justify any use of force.

Trespass to Property Act (TPA)

Individuals under 16 can be charged via a Part 1 Offence Notice for trespassing.
Police officers or occupiers of premises can arrest individuals believed to be trespassing without a warrant based on reasonable grounds.

Authority to Search

The authority to search a person arrested under the TPA derives from the act itself, the Criminal Code of Canada, and common law.

Offences Under TPA

An incident involving a suspect damaging property without intent may not warrant arrest if no offence occurred.
Charges for voyeurism require the act to be committed for an arrest to occur.

Definition of Night for Trespass

"Night" regarding trespass is defined as 9:00 PM to 6:00 AM.

Proving Disturbance

To establish a disturbance offence, independent witness testimony of being disturbed is necessary.

Trespass and Offence Classifications

Trespass by night is treated as an indictable offence.
"Cause disturbance" is classified as a summary conviction offence.

During nighttime trespass, arrest may occur on reasonable grounds without consent if factors such as personation or threats are present.

Complainant Reports

A person in a blue shirt who threatens another with gestures could be committing a breach of peace, trespassing, or assault.

Assault Definition

According to the Criminal Code s. 265(1), assault encompasses all forms of assault including sexual assault and assault causing bodily harm, making it applicable across various scenarios.

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Description

Test your knowledge on the legal grounds for a police officer's authority to arrest off premises. This quiz covers specific scenarios like contraventions and identification issues that affect arrest powers. Understand the critical information necessary for special constables in their training period.

Special Constables Training - Quiz 1