February 3 Lecture

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Department
Woodsworth College Courses
Course
WDW101Y1
Professor
William Watson
Semester
Winter

Description
WDW325 February 3, 2011 Arrest and Detention Lecture 4 Issues: What is the difference? What are the similarities? Why is there a difference? Outline: -common law police powers of arrest -arrest powers in the Criminal Code -common law power to detain -Post Charter power to detain -Search incident to investigate detention Commencement of Criminal Process To initiate the criminal process, must: 1) Lay an Information (filing of charge); AND 2) Compel accused to appear in Court -can happen in any order -arrest is one way to start the criminal process but is not the only way; physically take accused to courtdetention Arrest What must the police do to arrest someone i) Must say the words you are under arrest ii) Must physically touch an individual But what constitutes a lawful arrest? -just because you are arrested doesnt mean a charge has been laid At Common Law: -presumption of liberty -must have legal justification to interfere with liberty -police can arrest IF the officer has reasonable grounds to believe the person has or is about to commit a felony Power has now been incorporated into the Criminal Code Criminal Code Arrest Powers Section 504 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged a) that the person committed, anywhere, an indictable offence (read hybrid every hybrid offence is indictable at first) that may be tried in the province in which the justice resides, and that the person i) is or is believed to be, or ii) resides or is believed to reside, within the territorial jurisdiction of the justice; or Section 507(7) Where the justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant (usually a police officer) disclose reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused Section 511(1) A warrant issued under this Part shall a) name or describe the accused; b) set out the offence in respect of which the accused is charged; and c) order the accused be forthwith arrested and brought before a judge if an arrest warrant is issued, police are required after taking them custody to bring them within 24 hours to court to determine issue of bail Section 494 Any one may arrest without warrant a) a person whom he finds committing an indictable offence (read hybrid offence) b) a person who, on reasonable grounds, he believes www.notesolution.com
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