Arrest and Detention

Questioning the Accused Police can not force a suspect to answer questions Police can not force a suspect to answer questions Section 7 of the charter states you have the right to remain silent. Section 7 of the charter states you have the right to remain silent. Police must also make it clear that the accused has the right to counsel free of charge. Police must also make it clear that the accused has the right to counsel free of charge.

Questioning the Accused Officer must say the following: Officer must say the following: “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? “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?

Questioning the Accused Once a person is arrested and notified, anything they say can be used against them in the court. Once a person is arrested and notified, anything they say can be used against them in the court.

Interrogation Techniques Police generally start by developing a trusting relationship with the suspect. Police generally start by developing a trusting relationship with the suspect. They ask open ended questions in hopes of getting more information. They ask open ended questions in hopes of getting more information. At the end they ask more direct closed ended questions to get specific information. At the end they ask more direct closed ended questions to get specific information.

4 stage Interrogation Approach 1. Describe the incident 2. The period before the offence took place. 3. The details of the offence 4. The period following the offence.

Arrest and Detention Procedures In order for an arrest to be lawful an officer must In order for an arrest to be lawful an officer must 1. Identify themselves as a police officer 2. Advise the accused that they are under arrest 3. Inform the accused promptly of the charge and show the arrest warrant if one has been obtained 4. Touch the accused to indicate they are in legal custody.

Detention Police can also detain a person usually to answer a few questions. Police can also detain a person usually to answer a few questions. This can be done by force but the police must give a reason. This can be done by force but the police must give a reason.

Detention They must also be notified they have the right to legal counsel. They must also be notified they have the right to legal counsel. This is practiced when the police do not have enough to make an arrest on the spot. This is practiced when the police do not have enough to make an arrest on the spot.

Reasonable Grounds In order for the police to arrest they must have reasonable grounds. In order for the police to arrest they must have reasonable grounds. This means that any reasonable person would conclude that the suspect had committed a criminal offence. This means that any reasonable person would conclude that the suspect had committed a criminal offence.

Appearance Notice Police have three methods of apprehending a suspect. Police have three methods of apprehending a suspect. 1. Appearance notice 2. Arrest with a warrant 3. Arrest without a warrant.

Appearance Notice For lesser offences police issue an appearance notice which is a legal document that forces a person to attend court on a specific date. For lesser offences police issue an appearance notice which is a legal document that forces a person to attend court on a specific date. Accused must sign the notice. Accused must sign the notice. If they do not show up they can be charged with failure to appear and have a bench warrant issued for arrest. If they do not show up they can be charged with failure to appear and have a bench warrant issued for arrest.

Arrest with a Warrant In serious crimes, the police may ask for the judge to issue a summons. In serious crimes, the police may ask for the judge to issue a summons. This is only used when the police believe the accused will show up in court voluntarily. This is only used when the police believe the accused will show up in court voluntarily.

Arrest with a Warrant If the police have reasonable grounds to think that someone accused will not show up in court they can attain an arrest warrant. If the police have reasonable grounds to think that someone accused will not show up in court they can attain an arrest warrant. The first step is to provide an information. The first step is to provide an information. This is a statement made by the police under oath to the judge highlighting the evidence they have. This is a statement made by the police under oath to the judge highlighting the evidence they have.

Arrest without a Warrant 3 circumstances when a warrant is not needed 3 circumstances when a warrant is not needed 1. They have reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one. 2. They find the person in the act of committing an offence 3. They find a person who they believe is named on an arrest warrant.

Citizen’s Arrest Section 494 outlines citizen’s arrest Section 494 outlines citizen’s arrest Anyone may arrest a person that is in the act of committing a crime or is escaping the police. Anyone may arrest a person that is in the act of committing a crime or is escaping the police. The person must be turned over to the police immediately The person must be turned over to the police immediately Must be on reasonable grounds. Must be on reasonable grounds.

Searching a Person Police do not need a warrant to search an arrested person provided the following are satisfied Police do not need a warrant to search an arrested person provided the following are satisfied 1. the arrest is lawful 2. The search must be connected to the arrest. 3. The manner in which the search is carried out is reasonable.

Searching a Person Except in impaired driving cases, an arrested person does not have to submit breath, blood or urine samples unless a warrant is issued Except in impaired driving cases, an arrested person does not have to submit breath, blood or urine samples unless a warrant is issued

Searching a Place A Search Warrant is a court document that gives police the right to search a designated area. A Search Warrant is a court document that gives police the right to search a designated area. The warrant must contain the items the police are looking for and why they believe they are in the premises. The warrant must contain the items the police are looking for and why they believe they are in the premises. Can only be carried out between 6am and 9pm Can only be carried out between 6am and 9pm

Searching a Place The police may only confiscate other items if they are connected to the crime and are in plain view. The police may only confiscate other items if they are connected to the crime and are in plain view. Two exceptions where the police do not need a warrant Two exceptions where the police do not need a warrant 1. To prevent harm to a person 2. Destruction of evidence Once a warrant is issued the police can search any person in the dwelling if they are suspected of having evidence