when police place someone under arrest, they have to follow certain rules to ensure that the persons...

Arrest

When police place someone under arrest, they have to follow certain rules to ensure that the person’s Charter rights are being upheld

In order to make an arrest, an officer must have reasonable and probable grounds to believe that the suspect committed the offence

Best DUI Arrest

Arrest: To deprive a person of his or her

liberty by legal authority so he or she can answer to a criminal charge (legal detainment).

FACT – if arrested by police, you are required to give only your name and address.

Purpose of an Arrest Lay a charge Preserve evidence Security (for safety of others and officer) Prevent the accused from committing

any further offences

Suspicious package leads to 71 year old arrest: http://www.torontosun.com/2013/10/27/suspicious-package-at-montreal-airport-delays-us-flights

Three options are available in the apprehension and

charging of a suspect:

1) Appearance Notice For summary, hybrid or less serious indictable (not

violent or posing threat to society)

Document indicates the offence and gives the time and place of the court appearance. The accused must sign it.

The police officer must swear an information (the starting document for a less serious offence) before a judge or justice about the alleged crime.

This document states that the officer believes that the person given the appearance notice committed a crime.

2) Arrest If reasonable and probable grounds

that a person has committed an indictable offence

Is committing and indictable or summary offence

Is about to commit an indictable or summary offence

Did You Know? In Canada, rights are read before the

taking of any evidence, such a breath or blood samples, or before a police lineup. • The person has a constitutional right to remain

silent and say nothing to the police.• Dellen Millard – excuses his right to remain silent

In the US, rights are read after the accused is in custody, under interrogation, or arrested, and evidence may be taken before the rights are read (Miranda warning. Both provide a right to consult a lawyer.

3) Warrant for Arrest A swear of information is used to

acquire a summons or warrant. Under oath, stating that there is reason to believe that a person has committed a criminal offence.

Search warrant raid on MMA’s office: http://globalnews.ca/news/809729/warrant-reveals-concerns-about-second-train-near-lac-megantic/

Summons: A court order requiring the accused to

appear in court Delivered in person by the sheriffs

department. Issued to a person who is not a threat

to society or flight

Warrant: Issued when the police can demonstrate that

the accused will not come to court voluntarily.

It names or describes the accused, sets out the offence, and orders the accused to be immediately arrested usually provincial in territory but can acquire a Canada-wide warrant

Warrant for right-hand man: http://www.niagarafallsreview.ca/2012/11/02/busting-a-billion-dollar-drug-ring