Chapter 7

Arrest Appearance notice Arresting officers must: Issued for summary convictions Names the offence the accused has been charged with and time/date of court appearance Arresting officers must: Identify themselves Advise the accused they are under arrest Advised the accused what they are being charged with Inform the accused of their right to a lawyer Officers must read rights speech

Arrest (cont.) Warrant for Arrest Arrest by citizens If the accused doesn’t appear with the summons, then a warrant for their arrest will be issued Has name, lists offence(s), orders for the arrest Arrest by citizens Detectives and other citizens can make arrests R. v. Macooh - pg. 192

Citizens Rights Some being detained does not have to answer questions (few exceptions such as spot checks) Someone arrested must “promptly” be informed of why they are being arrested and their right to a lawyer (including a duty counsel) A person is not required to answer questions once they have asked for their lawyer (except necessary questions) When read their rights, someone must truly understand them (Mental capacity) Police have the right to search the accused upon arrest

Search Laws Search Warrant Search laws and rules Exceptions are: Search a specific location, at a specific time, for a specific reason Search laws and rules Entering a home Police can enter if refused entry or if no one is home using reasonable force Using electronic equipment Any monitoring device must ensure no harm to the person Exceptions are: Not a private residence when drugs are involved Vehicles with illegal alcohol

Release Procedures Bail Reverse Onus Undertaking Recognizance Money or security used to ensure accused appears at a later date Reverse Onus Accused must show why he/she should be released Undertaking Live up to conditions set by the court Recognizance The accused promises to appear in court at a certain date/time; may need to pay money for release

Fingerprints and Photographs Someone charged with indictable offence may be fingerprinted and photographed

Awaiting Trial Legal Aid Disclosure Adjournment Preliminary hearing If the accused cannot afford a lawyer; must be below social assistance levels/on social assistance Disclosure Crown/defence must reveal all evidence that each side has Adjournment Postpones court proceedings Preliminary hearing Judge decides if there is enough evidence to proceed with a trial; accused pleads guilty or not guilty (Plea)

Plea Deal/Plea Negotiation/Plea Bargaining Accused stating they are guilty or not guilty Plea Deal/Plea Negotiation/Plea Bargaining Accused pleads guilty to a lesser charge or lesser punishment