CRM 2300 Lecture Notes - Lecture 3: Indictable Offence, Crown Attorney, Summary Offence
18 Mar 2017
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Criminal trial: setting the stage - initially court proceedings (role of the police). Types of offences (indictable, summary conviction, dual/hybrid): arrest defined, use of force ss. 25-27: general powers of arrest s 494, additional powers of police s495. Interim release: arrest of officer - officer in charge - bail court. What is the role of the police in the judicial system: court proceedings. Section 25-27 -> applies to police officer // must be reasonable and no more than necessary (proportional). It"s an important tool: always open to interpretation. Indictable offences are serious offences - lose more liberty -> more due process protections: purpose of criminal law is to protect the accused person over the power of the state. The person is charge and the crown attorney gets to pick which one he wants that gets put in by the: until crown attorney elects, offence = indictable.
