LAWS 1000 Lecture Notes - Lecture 16: Neil Brooks, Kent Roach, Judicial Notice
18 Apr 2016
School
Department
Course
Professor
Document Summary
The legal process of resolving a dispute. The substantive law lays down our rights and duties: application of substantive legal rules to a specific case, either public or private law. Procedural laws regulate their enforcement and protection (criminal, civil) Indictable offences (can only be created by parliament) Indictable offences of lesser (provincial appointed magistrate, without jury) Indictable offence tries at the option of the accused (judge and jury, judge alone) Max of 6 months or (unless statutes state otherwise) Commencement process: by arrest without warrant, by laying information. To arrest someone: place them under a legal duty not to escape from the person arresting them. Citizens have limited arrest powers without warrant (indictable offences) Police have much broader power, to arrest anyone on reasonable/probable ground to have committed a. The need to establish the suspect"s identity. The need to stop the offence or its repetition. The likelihood of the suspect showing to court.
