arrest and detention

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Woodsworth College Courses

WDW325- CRIMINAL PROCEDURES Lecture 4: Arrest and Detention Compelling appearance: - Before on reasonable grounds: - Must be necessary in the public interest to issue a warrant . Officer must have a reason and convince justice of peace to make it necessary to arrest and not summons. " Lay information" - Reasons: o Must be arrested in order to impose bail conditions o Warrant must name and describe the accused o Set out the offence o Order the accused to forthwith arrest and brought before the justice ( within 24 hours) Criminal Code Arrest powers - On the spot without laying the information first. - Police can also arrest someone before the information is laid and without the warrant - At common law:  There is a presumption of liberty  The police 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 - These powers have been incorporation into the Criminal Code. - 494(1) : any one may arrest without a warrant  Citizen's arrest  A person who he finds committing the indictable offence ( hybrid offence)  All hybrid offences deemed indictable until court makes the judgement.  A person who on reasonable grounds, he believes  Has committed a criminal offence and  Is escaping from and freshly pursued by persons who have lawful authority to arrest that person( police officer ) - 495: a peace officer may arrest without a warrant  If they believe person is about to or had committed an indictable offence  If he finds someone committing any criminal offence ( including summary offence)  A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal is in force - 494 (2) police shall not arrest without warrant unless necessary to  Establish identity  Preserve evidence  Prevent recurrence of offence  Arrest : WDW325- CRIMINAL PROCEDURES Lecture 4: Arrest and Detention  Option 1: lay an information : justice of peace issue a warrant ot a summons to compel attendance  Option 2: arrest first without warrant - lay an information setting out the offence  Either wary officer need reasonable or probable grounds to believe that offence has occurred or is going to.  Reasonable and probable grounds What if police officer is wrong in terms of reasonable and probably ground? R v. Biron: - Facts: police raided bar and Biron was arrested for causing a disturbance. He was charged with assault, resist, and disturbance. - He had not caused the disturbance and so he was acquitted. - Trial: he was acquitted of both - SCC: could be convicted for resisting an offence thought there were no real offence.  Question: is the arrest valid  SCC: validity of arrest mist be determent based on the circumstances apparent to the police at the time ( appears to be committing an offence or believe ) - Police have the power to arrest someone who is apparently committing an offence - Arrest in Biron was valid though he was acquitted of causing a disturbance. R v Evans: - Fact : Bar arrest at Bloor and Lansdowne because of a tip. Person resists arrest and charged with assaulting officer. - Can resist an unlawful arrest if you are not guilty.  Did they have R&PG to arrest Test: - The police must subjectively have R&PG: be able to justify it - Must be objectively reasonable as well - Need not need evidence on each essential element (no prima facie case requirement) -- low threshold. - Can rely on informants to form R&PG if credible and reliable  Result: - They had a relatively detailed description. Is that enough  Question: how much information do you need to make it valid  Result: officer subjectively thought he had R&PG but it was not objectively reasonably based on the tip: the arrest was unlawful.  Can the police arrest someone in their house? Recall R v. Landry - Pre charter rule - Can enter and arrest in a dwelling house if: WDW325- CRIMINAL PROCEDURES Lecture 4: Arrest and Detention - They make the proper announcement - Police have R&PG for arrest - Police have R&PG to believe the accused is in the house R v. Feeney - Fact: Warrantless arrests in dwelling-houses are in general prohibited. Prior to such arrests, it is incumbent on the police officer to obtain judicial authorization for the arrest by obtaining a warrant to enter the dwelling-house for the purpose of arrest. -
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