Arrest and Detention Unit 2. ARREST Arrest is holding a person who is being charged with an offence. Arrest is holding a person who is being charged with.

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Presentation transcript:

Arrest and Detention Unit 2

ARREST Arrest is holding a person who is being charged with an offence. Arrest is holding a person who is being charged with an offence.

DETENTION Detention, or detaining, is holding a person in order to ask questions or investigate an incident etc. It may or may not lead to an arrest or charge. Detention, or detaining, is holding a person in order to ask questions or investigate an incident etc. It may or may not lead to an arrest or charge.

Detention A person being detained has the right to be informed of the detention and why and has the right to legal counsel. If a person refuses to cooperate with a detention, then an officer may have the authority to arrest the person. Arrest or detention can not be arbitrary. An officer MUST have reasonable grounds.

Reasonable grounds Reasonable grounds means that based on the information that the officer has available, it is reasonable to believe that the suspect has committed or about to commit a criminal offence.

Arrest-what is it? One method of compelling a person to face a charge(s). Last course of action to do so. Where possible other methods must be used. May only be temporary! WHY?....

Temporary Arrest Mostly for Summary offences to positively identify a person. obtain or secure evidence. to complete a search. prevent a crime from continuing (ie. Assault, drinking and driving, mischief). Once these things have been done/satisfied, then the person must be released.

LEGAL ARRESTS – HOW are they made? FIRST & MOST IMPORTANTLY…. FIRST & MOST IMPORTANTLY…. Inform the person he/she is a police officer. Inform the person he/she is a police officer. The person being arrested MUST be told they are “Under arrest & for what!” -WHY? The person being arrested MUST be told they are “Under arrest & for what!” -WHY?

Section 10 of the Charter….says that LEGAL RIGHTS Everyone has the right on arrest or detention a) to be informed promptly of the reasons therfor”

ARREST- cont’d THEN, you can be… THEN, you can be… Seized & restrained (Ie. Hand cuffs). Seized & restrained (Ie. Hand cuffs). OR OR Touched on the arm, shoulder and told… Touched on the arm, shoulder and told… OR OR Told they are under arrest and go voluntarily (escorted) with the police. Told they are under arrest and go voluntarily (escorted) with the police.

YOUR RIGHTS – IF ARRESTED Outlined in the Charter!!!!!!! Outlined in the Charter!!!!!!! Remain Silent Section 7 Remain Silent Section 7 Informed of the charge immediately Section 10 (a) Informed of the charge immediately Section 10 (a) Told you are under arrest Section 10 (a) Told you are under arrest Section 10 (a) To counsel and informed of that right WITHOUT DELAY!!!! Section 10 (b) To counsel and informed of that right WITHOUT DELAY!!!! Section 10 (b)

YOUR RIGHTS – IF ARRESTED Outlined in the Charter!!!!!!! Outlined in the Charter!!!!!!! Judicial Interim Release “Bail Hearing!” Section 11 (e) Judicial Interim Release “Bail Hearing!” Section 11 (e) Habeas Corpus “Hearing to determine if the arrest was legal” Section 10 (c) Habeas Corpus “Hearing to determine if the arrest was legal” Section 10 (c) Not to be detained arbitrarily Section 9 Not to be detained arbitrarily Section 9 Phone call - “Standard Police caution” Phone call - “Standard Police caution”

YOUR RIGHTS – IF ARRESTED (YOUTH) As outlined in the “Youth Justice Act “ As outlined in the “Youth Justice Act “ Consult a parent Consult a parent Told rights in language young people should understand. Told rights in language young people should understand.

SECTION 7 – Charter – LEGAL RIGHTS “right to life, liberty and security of the person and the right not to be deprived thereof except in the accordance with the principles of fundamental justice”

Legal Translation of: SECTION 7 Right to remain silent!!!! Right to remain silent!!!! Not to be detained – liberty!!! Not to be detained – liberty!!! Not to searched – security of the person!!! Not to searched – security of the person!!! HOWEVER….IFFFF FFF….. HOWEVER….IFFFF FFF….. Fundamental Justice must be followed – DUE PROCESS followed. Fundamental Justice must be followed – DUE PROCESS followed. Result is the police caution issued, once a person is under arrest. Result is the police caution issued, once a person is under arrest.