CRIM 330 Lecture Notes - Lecture 8: Duty Counsel, Arbitrary Arrest And Detention, Indictable Offence
8 Apr 2017
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Extra powers beyond the individual: reasonable grounds to believe . Eg. (fisp) likely to fail to appear, need to identify, secure evidence, Resisting an officer in execution of duty. Bc he was not acquitted on the first count, he was not found committing the offence underlying the arrest power; therefore, the officer was not in the execution of his duty when biron resisted. Apparently found committing = having r+p grounds to believe it is being committed. An officer"s belief must be based on actual observation of the offence being committed (or apparently committed) S. 29 of the code is exhaustive: It is the duty of everyone who arrests a person with/without warrant to give notice to that person of . S. 10 charter: the process or warrant under which he makes the arrest, the reason for the arrest. Everyone has the right on arrest/detention to be informed promptly of the reasons therefor: v. evans (1991)
