Arrest and Detention

Once physical evidence has been collected, they then begin questioning suspects Depending on the amount of evidence the police will arrest before or after questioning. The whole procedure for dealing with suspects has been laid out in the Criminal Code, adheres to the Charter of Rights and Freedoms.

Questioning the Accused The police can not force a suspect to answer their questions The police must give a suspect a chance to make a free and meaningful choice as to speak or remain silent You have the right to retain and instruct legal counsel without delay. You have the right to telephone any lawyer that 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?

Interrogation Techniques To reach their goal of reaching the truth the police will use a four step approach. They will ask the suspect to describe; The entire incident The period before the offence took place The details of the actual offence The period following the offence The question will work from a general nature to a specific.

Arrest and Detention Procedures Arrest: legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody A lawful arrest must follow these steps; Identify himself or herself as a police officer Advise the accused that he or she is under arrest Inform the accused promptly of the charge and show the arrest warrant if one has been obtained Touch the accused to indicate that he or she is in leagal custody

Detention Detention: legally depriving a person of liberty for the purpose of asking questions, with our without physical restraint In detention: The person is deprived of liberty, with or without restraint The person must be informed of the reasons for the detention The person’s right to retain counsel must be made known

Apprehending an Offender Reasonable grounds: information that would lead a reasonable person to conclude that the suspect had committed a criminal offence. Not just anyone can be arrested there must be reasonable grounds for the arrest. Three methods of apprehending are: An appearance notice is issued An arrest with a warrant An arrest without a warrant

Arrest with a Warrant Appearance notice: a legal document, usually issued for less serious offences, compelling an accused person to appear in court Bench warrant: an arrest warrant issued directly by the judge when an accused person fails to appear in court

Summons: a legal document issued for an indictable offence, ordering an accused person to appear in court. Delivered by a sheriff or deputy Accused is directed to go to the police station for finger printing. Information: a statement given under oath, informing the court of the details of the offence Arrest warrant: a written court order, directing the arrest of the suspect

Arrest without a Warrant There are three ways to be arrested without a warrant: There is reasonable grounds to suspect a person has either committed and indictable offence or is about to commit one. They find a person in the act of committing a criminal offence. They find a person who they believe is named on an arrest warrant Peace officer: a person responsible for preserving the public peace, such as a police officer, a mayor, or customs officer

Citizen’s Arrest Citizen’s arrest: an arrest without a warrant by any person other that a peace officer A citizen’s arrest can be made: 1. Anyone may arrest with a warrant A person whom they find committing an indictable offence; or Has committed a criminal offence, and Is escaping from and freshly pursed by persons who have lawful authority to arrest that person 2. Anyone who is The owner or person in lawful possession of property, or A person authorized by the owner or by a person in lawful possession of property my arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

Searches Searching a person: The arrest must be lawful The search must be connected to the lawful arrest The manner in which the search is carried out must be reasonable Search Warrants: a court document that gives the police the right to search a specific location

After the Arrest Pre-Trial Release Taking of photographs Fingerprints Promise to appear: a signed agreement that an accused person will appear in court at the time of the trial. Recognizance: a guarantee that the accused will appear in court when required, under penalty of a fine of up to $500 Surety: a person who agrees to make a payment if the accused does not appear at trial

Bail: the temporary release of an accused who posts money or some other security Show-cause hearing: a judicial hearing in which the Crown or the accused has to convince the judge either to detain or release the accused before trial Habeas Corpus: is an avenue in which an accused can use to appeal to a higher court if they have been illegally detained.