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CRIMINAL OFFENCES updates and current issues. Advanced Patrol Training.
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CRIMINAL OFFENCESupdates and current issues Advanced Patrol Training
You have been dispatched to a computer repair shop. At the shop, you are advised by the store manager that one of his employees, while servicing a customer’s computer, had uncovered a folder containing a large number of pornographic images involving children. The manager had viewed a number of images himself before contacting the police. The customer is expected to return in about four or five hours to retrieve the hard-drive. You are provided with all of the customer’s information. SCENARIO
What are some of the investigative steps you need to consider? DISCUSSION
Recent Amendments/Offences to the Criminal Code Protective C.C. Provisions Computer Crime – Child Exploitation Other Amendments/Review – e.g. firearm seizures, obstruct, etc. - Study Guide Bills (C-10, S-4) – Legislation OBJECTIVES - Criminal Code Changes
First Priority - safety of the children No offence under 283 C.C. unless - INTENT TO DEPRIVE or withhold the children with no intention of returning, or exercising control R. v. McDougall, (O.C.A.), Dawson (S.C.R.) Permission required from A.G. to lay information under 283 C.C. For assistance - contact National Missing Children Services – National Police at 1-877-318-3576 (toll free number) or after hours – (613-760-6689) Amber Alert?? – for both see – www.ourmissingchildren.gc.ca CASE #1
Racing Causing Bodily Harm, 249.3 C.C. Fleeing Police in Motor Vehicle Causing Bodily Harm, 249.1(3) C.C. Dangerous Operation of Motor Vehicle Causing Bodily Harm, 249(3) C.C. Criminal Negligence vs. Dangerous Driving Taking Motor Vehicle without Consent, 335(1) C.C. – includes the passenger CASE #2
Voyeurism, 162 (1) C.C. / 162 (4) C.C. Surreptitiously Observes – Mechanical or Otherwise Expectation of Privacy Observation or Recording done for Sexual Purpose Visual Recording includes photographic, film or recording Printing, Publication, etc. Voyeuristic Recordings CASE #3
Breach of Prohibition, 161(1) C.C. – Offence 161(4) C.C. Recognizance, 810.1 C.C. Fear of Committal legislation Offence – 811 C.C. Breach of Recognizance CASE #4
Authority to arrest for breach of Parole condition – 137.1 C.C.R.A. Officer arrest w/o warrant – offender who has committed a breach of parole, statutory release, etc. AND officer finds committing such a breach Contact Parole Office – 24 hr. number – Parole Officer may also issue a warrant CASE #5
Disarming a Peace Officer – 270.1 C.C. Weapon as defined in the Code – any weapon in the possession of the peace officer and is engaged in execution of duty Assault Peace Officer – 270(1) C.C. CASE #6
Assault Peace Officer With Weapon or Bodily Harm, 270.01 C.C. – carries, uses, or threatens to use a weapon (or imitation); OR cause bodily harm; Aggravated Assault of Peace Officer, 270.02 C.C. – wounds, maims, disfigures, or endangers the life. ADDITIONAL C.C. OFFENCES
Criminal Harassment, 264(1) C.C. CASE #7
Luring a Child for Sexual Purposes – 172.1 C.C. Agreement or Arrangement to Meet for Sexual Purpose (or other offence) – 172.2 C.C. Means of Telecommunication, communicates Invitation to Sexual Touching – 152 C.C. CASE #8
Identity Fraud – 403(1) (d) C.C. (replaces Personation Offence) • Identity Theft – 402.2(1) C.C. - Identity Information Defined – 402.1 C.C. • Identity Documents – 56.1(1) C.C. -Identity Document Defined – 56.1(3) C.C. CASE #9
Obstruct Police – 129 C.C. Public Mischief – 140 C.C. Displaying Altered Licence – 35(1)(a) H.T.A. Driving While Licence Suspended – 53(1) H.T.A. CASE #9 CONT.
Increased minimum and maximum sentences – child sexual offences i.e.sexual interference, invitation, sexual exploitation, bestiality, sexual assault, child porn, luring etc. 171.1 C.C. – transmits, makes available, distributes or sells sexually explicit material to child – sexually explicit material defined 171.1(5) C.C. Bill C-10
172.2 C.C. (meet/arrange meet) – means of telecommunications, agrees with person, or makes an arrangement with a person (under 18 etc.) to commit an offence; 172.1 C.C. (luring) “computer system” replaced with “means of telecommunication” – communicates… Bill C-10 cont.
173 C.C. (indecent act) – entire section dual procedure offence (arrest on R.G.) 161 C.C. (prohibition order) and 8.10 (recog. order) – additional conditions - “having any contact, including by any means with person under 16 OR prohibited using internet or other digital network Bill C-10 cont.
137.1 C.C.R.A - peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom P.O. finds committing such a breach C.D.S.A. – Amphetamines, Flunitrazapam, and GHB added to schedule I Bill C-10 cont.
57.1 C.C.R.A. – Offender to wear monitoring device to monitor compliance with condition Protocol in place for Police Services to obtain the monitoring of a specific offender Bill C-10 cont.
REVIEW • Case Studies • Workbook Exercise • Criminal Offences Study Guide • OPVTA Training Materials OPVTA