4862364
Description
Flashcards by Hanfernny Obando, updated more than 1 year ago
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Created by Hanfernny Obando
about 8 years ago
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| Question | Answer |
| Steps to making an Arrest | 1. Identify yourself 2. Tell them they are Under arrest 3. Touch take control 4. Tell them Why 5. Advise of Right to Counsel (RTC) 6. Ensure the accused understand reason for arrest and R.T-C . |
| Incident to Arrest | After a lawful arrest you may search for items of: · evidence (includes weapons or items that could be used to cause injury to anyone) · injury (includes any items which may assist or be used) escape (of the offence in question or of any other criminal offence) |
| After Arrest | AFTER ARREST S. 497. CC (dealing with all summary/Dual offences, a few indictable offences) · SHALL release from custody as soon as practicable. · On an Appearance Notice or with intention to summons. · Unless P.R.I.C.E. (RICE and 4 P’s) is not met. |
| P.R.I.C.E | PRICE Protect interest Repetition or continuance Identity Court Evidence |
| 4 P's (Public Interest) | > PUBLIC INTEREST (4 P’s) Protect Life and Property Protect Public Protect Suspect Prevent Breach of the Peace |
| Unconditional Release | : A person in custody can always be released at any time unconditionally, if no charges will be laid. |
| Process | ARREST > RELEASE > CHARGE |
| Diagram | |
| Charging the accused requires what? | · Charging an Accused Requires the laying of an INFORMATION |
| Purpose of the Information | 1. To commence proceedings against an accused. 2. To inform the accused about the specific allegation 3. To indicate that the allegation has been sworn under oath before a justice 4. If the offence is summary, to indicate that a formal charge was laid within six months of the offence date. |
| What is a bail hearing? What is it known as? | Also known as a show cause hearing |
| Bail hearing facts | – show cause why the accused should be kept in custody. (Might keep or not depending on sufficient evidence) – Presided by a Justice (defined in S. 2. CC) – Rules for bail hearing found in S. 515. CC |
| APPEARANCE BEFORE A JUSTICE – S. 503. (1) CC | – If the accused is not released on an Appearance Notice or Promise to Appear, the accused must be taken before a justice. – “Without unreasonable delay” and in any event “within 24 hours” when a Justice is available. (The prosecutor or the accused may apply for an adjournment of the bail hearing and it cannot be longer than 3 days unless the accused consents) |
| Factors determining release at a Bail Hearing: | PRIMARY GROUNDS: Ensure Appearance in Court SECONDARY GROUNDS: Public Interest (protection of the public) If the police want Accused held in custody – onus on the Crown to prove primary or secondary grounds. Prove but ultimately judge is absolute. |
| Justice may release Accused: | – Undertaking (with or without conditions) – Recognizance (with or without conditions or surety) |
| Reverse Onus: | A “reverse Onus” situation occurs where the Accused (not the Crown) has to show cause why they should be released. This occurs when the Accused is: – Charged with an indictable or dual offence while awaiting trial for another indictable or dual offence. – Charged with an indictable or dual offence and does not live in Canada. – Charged with fail to appear or breach of undertaking while awaiting trial for any criminal offence. – Charged with Trafficking or Importation of Controlled Drugs offences. – Possesion for purpose of trafficking – Importing/exporting trafficking. – S. 469. CC Offences: Justice must detain the accused in custody and cannot release. A detention order will be issued and the accused would have to apply for a bail hearing before a superior court judge - S. 522. (1) CC |
| A bail hearing will not be conducted when: | - The accused pleads guilty and the justice accepts it. In this case the justice will determine whether the accused will be released or detained until a sentencing date. - The accused is charged with a section 469 offense. In this case, the justice must detain the accused in custody and cannot release detention order will be issued and the accused would have to apply for a bail hearing before a superior court judge - Can request to have his detention his reviewed |
| Definition of Detention | 1) Deprivation of liberty by physical restraint. 2) The assuming of control over the movement of a person by demand or direction of a police officer (locked door) 3) A psychological compulsion existing within a person in the form of a perception that his or her freedom has been removed. |
| Section 8 of the Charter of Rights and Freedoms | Everyone has the right to be secure against unreasonable search or seizure. |
| Section 9 of the Charter of Rights and Freedoms | Everyone has the right not to be arbitrarily detained or imprisoned. |
| Police powers on Investigative Detention | – Every person that police stop will be “detained” in the sense that they are delayed or kept waiting. (Detention but directing traffic. Stopping the car) – Police officers may detain an individual for investigative purposes if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a recent or on-going criminal offence and that such a detention is necessary. – The power to detain cannot be exercised on the basis of a hunch. – The investigative detention should be brief. – The detained individual has no obligation to answer any questions. – Term “reasonable grounds to detain” must be explainable (articulate your reasons). Based on reasonable grounds, articulate feelings. |
| • Summary – Search Incident to Investigative Detention | – SCC ruled that a power of search incidental to investigative detention does exist at common law. – A police officer may conduct a pat-down search incident to an investigative detention if the officer believes on reasonable grounds that his or her safety or the safety of others is at risk. – The search cannot be justified on a vague concern for safety, or on a hunch. |
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