Lawyer Up! Arrest and Questioning. Questioning When police begin to investigate a crime they usually begin by questioning witnesses / suspects At the.

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Presentation transcript:

Lawyer Up! Arrest and Questioning

Questioning When police begin to investigate a crime they usually begin by questioning witnesses / suspects At the point of arrest the police do have to follow strict guidelines to ensure the accused rights are not violated Under the Charter of Rights and Freedoms (Section 7) the police cannot force someone to talk to them

Most police departments use the following statements at the time of arrest You have the right to retain and instruct legal counsel without delay. You have the right to telephone any lawyer you wish. You also have the right to free legal advice from a legal aid lawyer. If you are charged with an offence, you can contact the Legal Aid Plan for legal assistance. Do you understand? Do you wish to telephone a lawyer now?

Differences from the Americans This statement can be reworded to ensure the accused understands but the principle concept has to be stressed The statement cannot be given to anyone who cannot understand the language or is incapacitated

Arrested or Not? In some cases you may not be arrested originally but brought to the police station on the suspicion of something (reasonable grounds) If during this time more evidence is collected they may decide to arrest you and then give you the statement In either case the police must be careful not to be careful They need to be persuasive so that a guilty person will confess Without being forceful so that an innocent person confesses to a crime they did not do

Generally police questioning follows this pattern Describe the entire incident Describe the events before the incident Give the details of the actual offence Describe the events after the incident If there is not enough evidence to arrest right away the police may opt to detain you

Detention Definition: Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint Example: someone is assaulted and the victim gives a description of the suspect to police. The police scour the neighbourhood and see someone fitting the description. The police may be asked to go to the police station.

The suspect may refuse in which case the police may “step it up” and arrest them on suspicion of assault If you are being detained by the police you are allowed to call a lawyer