Police Foundations LAW220 Study Guide - Summer 2018, Comprehensive Midterm Notes - Indictable Offence, Grievous Bodily Harm, Time
12 Oct 2018
School
Department
Professor
Police Foundations
LAW220
MIDTERM EXAM
STUDY GUIDE
Fall 2018
POLICE FOUNDATIONS-LAW220
LECTURE 1
C.C Definitions
• Accused: a person to whom a PO has issued an appearance notice subject to 496 cc or
a person arrested for a criminal offence
• Appearance notice:
A released document, hand written, given at the scene by a PO to a person not yet
charged with a criminal offence, compelling them to court.
• Arrest:
When you take or get physical control of a person with intent to detain. A person who
accompanies a PO with the understanding of belief that their rights and freedoms has
been taken away, is as much under arrest as is the person handcuffed.
• Criminal offence:
A violation of any federal statue.
• Find Committing:
Seeing the person commit the offence (caught in the act).
• Officer in charge:
The Po presently in charge of the lock up or officer or a PO. Designated by him. If a PO
makes an arrest on the street and as a result of the arrest must take the accused, back to
the office to consider release, if no senior officer is present at the office then the arresting
PO becomes the officer in charge for the purpose of release.
• Justified:
If you are justified in your actions, you are protected from civil and criminal liability. To be
justified you must be doing something that is either authorized or required to do in law and
in doing so you must not use any more force than is necessary.
If you act on a RPG (reasonable and proper grounds) and good intend you are still
protected, even through you may be wrong.
Is a set of facts and circumstances that something has happened and gone beyond
preparation.
• Authorized:
If you are authorized to do something than you may do it or you may not. You have a
choice to make. It is optional
• Required:
If you are required to do something then you must do it. You have no choice. It is
mandatory.
find more resources at oneclass.com
find more resources at oneclass.com
POLICE FOUNDATIONS-LAW220
LECTURE 2
Powers of Police Officer- 495 C.C
1. Powers of a peace officer to arrest without a warrant
a. a person who has committed an indictable offence (dual)
A person who on RPG (reasonable probable grounds) has committed and indictable
offence (dual)
A person who on reasonable probable grounds is about to commit and indictable (dual)
offence
b. a person whom he finds committing a criminal offence
c. A person for whom he has RPG to believe there is an outstanding warrant enforceable
in the jurisdiction in which the accused is in.
The criminal code grants the power to arrest in certain circumstances but does so permissively,
by stating that a peace office MAY arrest without a warrant. This is based on the philosophy that
if no reason exists to arrests initially but is satisfied through investigation, then the accused
person MUST be released. if the reason that we are taking about are determined by the court
and called public interest.
Powers of anyone- 494 C.C
In old England under the common law, every person had a duty to apprehend persons who broke
the “Kings peace”. Arrested persons would then be turned over to the king’s agents for trial.
Canadian law continues this practice in criminal law allowing in certain situations private citizens
to make arrests.
494- Anyone may arrest without a warrant
1. A. a person whom he finds committing and indictable offence (dual)
B. a person who, on RPG he believes has committed a criminal offence and is escaping
and freshly pursued by a person who has lawful authority to arrest that person.
2. Anyone who is the owner of property, in lawful possession of property or authorized by
the owner or by a person in lawful possession of property. May arrest without warrant a
person who he finds committing a criminal offence on or in relation to that property.
Powers of arrest are granted under authority of sections 494 and 495 of criminal code.
There powers are granted permissively. This means that if a certain circumstances exists,
then you MAY arrest.
MAY= might/ might not. This is dependent on satisfying public interest.
We have four primary reasons for arresting. Arrest and charge are two distinct. They are not
dependent on each other.
R. to prevent repetition of the offence
I . to positively identify the accused
C. to ensure the accused will appear in court
E. to ensure evidence will not be destroyed or lost
find more resources at oneclass.com
find more resources at oneclass.com
