LAWS 2301 Lecture Notes - Lecture 7: Arrest Warrant, Indictable Offence, Police Services Act Of Ontario
28 Nov 2017
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Detention and arrest: line between detention & arrest can be blurred, often, a suspect is not detained for very long, they"re given an appearance notice to appear before a justice of the peace. If they believe it"s in the public"s interest, they will issue a warrant: purpose of arrest is to, prevent a crime, terminate a breach of the peace, compel accused to attend trial. Lawful arrest: police officer should, identify himself or herself, inform the suspect that they are being arrested, give the reason for the arrest or show the warrant, touch suspect on the shoulder. Belief that a person is about to commit an indictable offence. Belief that person has committed an indictable offence. Act: arrest on suspicion rather than reasonable grounds. Importance of reasonable grounds for making an arrest without a warrant: can detain people without a warrant, to detain is to assume control over a person"s movement.
