CRIM 330 Lecture Notes - Lecture 4: Summary Offence, Recognizance, Indictable Offence
29 May 2022
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Charter considerations: s. 9, right not to be arbitrarily detained/imprisoned, arbitrary, not authorized by law, grant, detain, compulsory restraint, physical/psychological, investigative detention, mann, when crime in progress & reasonable grounds to suspect involvement. Charter rights upon arrest/detention: s. 10 (a, right to be informed of charges, s. 10 (b, right to counsel, s. 10 (c, validity of detention determined by habeas corpus, s. 11 (e, not to be denied reasonable bail. Arrest: s. 493. 1, in arrest & detention primary consideration is release of accused asap on least onerous condition appropriate in circumstances, powers of arrest, citizen"s arrest, s. 494 (1, anyone may arrest without warrant, finds committing indictable offence. Arrest with warrant process: police lay information, s. 507, justice reasonable grounds for charges, s. 507, arrest necessary in public interest, s. 507 (4) & storrey. Issue arrest warrant, no option to release if s. 469 offence.
