CRIM 330 Lecture Notes - Lecture 3: Prima Facie, Summary Offence, No Authority
23 May 2018
School
Department
Course
Professor
CRIM 330 - Lecture 3 - Powers of Arrest & Detention; Release; Compelling Appearance of
Accused at Court
Arrest by Peace Officer in “Dwelling House”: s. 529.3
● General rule - police officer must have prior authorization (warrant) in order to enter
private dwelling & make arrest
● Have duty to not arrest in some circumstances
○ Want to protect liberty in general
■ Presumption of liberty
Duty of Peace Officer Not to Arrest Without Warrant for Certain Offences: s. 495(2)
● Sometimes need to arrest person to find identity
● Words “shall not” is a direction
○ No authority to arrest
● We are society that values liberty & that gov should not infringe upon our liberty unless
necessary to do so
● Under s. 495(2), officer must make arrest w/o warrant for 553 indictable, any hybrid, or
any summary conviction offence if arrest not necessary to
○ Establish identity of person
○ Secure of preserve evidence
○ Prevent continuation/repetition of offence
○ Ensure attendance of accused at court
● Even for minor offence, if cannot identify yourself, peace officer has every right to arrest
● If reasonably suspected of committing crime, having id may be difference of being
released/not
“Reasonable Grounds”
● Repeated references in arrest provisions to “reasonable grounds”
● Means there is prima facie basis to believe something exists
● Prima facie - on the surface
● Courts have said there is both subjective aspect (officer/person believed subjectively
that grounds existed) & objective aspect (reasonable person in position of officer would
have reached same conclusion)
○ Subjective - must be able to offer reason of basis
■ May be wrong, but still must be able to provide
■ Cannot be “gut feeling”
○ Objective - would reasonable person in same position as person who made
arrest have reached same conclusion
● If only subjective, could have police officers who regularly concoct reasons for believing
person should be arrested
find more resources at oneclass.com
find more resources at oneclass.com
Arrest With Warrant
● Warrants for arrest required for any arrests falling outside warrantless arrest provisions
● Need warrant to make arrest outside warrantless arrest powers
● Warrant - means application must be made to judicial officer
● If there is no basis for warrantless arrest, then peace officer must obtain warrant for
arrest
● Officer must appear before judicial officer & swear an information setting out
○ Name & occupation of accused
○ offence(s) w/ which accused has been charged
○ Any other grounds for arrest
● Warrant directed to any peace officer
○ Not only applying officer that can execute warrant
○ If another officer has reasonable grounds to believe there is outstanding warrant,
can make arrest
● Warrant must include order that once arrested accused is to be brought before
justice/judge issuing warrant
● If warrant includes authorization to enter dwelling house, then there should be particular
provisions in there
● There may be particular provisions included in warrant if it is to authorize entry to
dwelling house to make arrest
● Must be (when acting in judicial manner)
○ Impartial & unbiased
○ Upholding law
○ Looking to see whether it is reasonable to allow warrant
● JJP - judicial justice of the peace
● Do not go to higher court judge for warrant
● Most of time, for basic arrest warrant, application made before judicial justice of the
peace (not a judge)
○ Depends on warrant
● JJP - scope of work mostly warrant applications
● Information - sworn document in writing
○ Civil law - affidavit
● When charges laid, another kind of information used to lay charge
○ Person can be charged before arrest
● Arraignment - being told what charges are
Powers of Detention - Definition of Detention
● Detention - something short of arrest
● If you are arrested/detained, triggers certain charter rights
○ Right to counsel
○ Right to know why being detained
● If being detained, usually told verbally
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crim 330 - lecture 3 - powers of arrest & detention; release; compelling appearance of. Arrest by peace officer in dwelling house : s. 529. 3. General rule - police officer must have prior authorization (warrant) in order to enter private dwelling & make arrest. Have duty to not arrest in some circumstances. Duty of peace officer not to arrest without warrant for certain offences: s. 495(2) Sometimes need to arrest person to find identity. We are society that values liberty & that gov should not infringe upon our liberty unless necessary to do so. Under s. 495(2), officer must make arrest w/o warrant for 553 indictable, any hybrid, or any summary conviction offence if arrest not necessary to. Even for minor offence, if cannot identify yourself, peace officer has every right to arrest. If reasonably suspected of committing crime, having id may be difference of being released/not. Repeated references in arrest provisions to reasonable grounds .
