Lecture 4 Feb 2nd 2012 WDW325H1 Professor Breese-Davies

8 Pages

Woodsworth College Courses
Course Code
David Davies

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Midterm informationClosed book except pocket criminal code one cheat sheet double sidedSticky notes allowed that tell you what section stuff is in Fact patternshort answer questions Final ExamClosed book except pocket criminal code one cheat sheet double side th Review Class April 5 Arrest and Detention We will be looking at these cases today and again next weekIssues What is the difference What are the similarities Why is there a differencewhat different powers do the police have in theseOutlineCommon law police powers of arrestArrest powers in the criminal CodeCommon law power to detainnothing in the criminal code about detentionCharter power to detaincharter restricts the power of detentionSearch incident to investigative detentionCommencement of Criminal Process To initiate the criminal process 2 things must happen 1 Lay an Information file a chargeS504 Anyone 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 that o Anyone can do this go to a justice of a peace or a judge and swear under oath and in writing you say what reasonable grounds you have to believe someone committed an offence The judge MUST accept thisa That the person has committed anywhere an indictable offence read hybrid that may be tried in the province in which the justice resides o Slide 5 sample information sheet the courts use this to know that an offence has been charged 2 Compelorder the accused to come to court summons arrest with or without warrantS 5077Where 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
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