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BRINGING THE ACCUSED TO TRIAL: ARRESTS

BRINGING THE ACCUSED TO TRIAL: ARRESTS. LAW 12 – MUNDY. APPEARANCE NOTICES. Used for: SUMMARY OFFENCES HYBRID (DUAL-PROCEDURE) OFFENCES LESS SERIOUS INDICTABLE OFFENCES Notice is a document given to accused indicating: Charge being laid

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BRINGING THE ACCUSED TO TRIAL: ARRESTS

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  1. BRINGING THE ACCUSED TO TRIAL:ARRESTS LAW 12 – MUNDY

  2. APPEARANCE NOTICES • Used for: • SUMMARY OFFENCES • HYBRID (DUAL-PROCEDURE) OFFENCES • LESS SERIOUS INDICTABLE OFFENCES • Notice is a document given to accused indicating: • Charge being laid • Location and date of court hearing (accused is required to appear) • Accused must sign appearance notice

  3. APPEARANCE NOTICES • Notices differ from ARRESTS in that accused is not incarcerated leading to court hearing, nor subject to same procedure as an accused under arrest • At court hearing, peace officer will swear an INFORMATION to the court stating the reasonable grounds that the accused committed the crime

  4. ARRESTS • Used for: • (SERIOUS) INDICTABLE OFFENCES • During arrest, officer MUST: • Identify himself (name and indication that she/he is an officer) • Advise the accused that he/she is under arrest • Inform the accused of the charge(s) • Touch the accused to signify that she/he is now legally in police custody

  5. ARRESTS • Purposes of arrest are to: • Lay a charge • Preserve evidence • Prevent accused from committing any further crimes

  6. ARRESTS • If accused RESISTS ARREST: • Officers are allows to use as much force as necessary to prevent escape • Officers may also use up to deadly force if: • Suspect behaves in manner that indicates threat of serious harm or death • Suspect flees in order to escape arrest • No lesser means of subduing accused will be effective • NOTE that officers are CRMINALLY LIABLE for the use of unnecessary force

  7. WARRANT FOR ARREST • 3rd method of bringing accused to court: • SUMMONS is a document that calls accused to appear in court for a charge, usually if suspect flees officers • Summons are issued by judges upon receipt and review of an officer’s INFORMATION, then delivered to accused by sheriff or deputy

  8. WARRANT FOR ARREST • WARRANT FOR ARREST is issued when determined by judge from an INFORMATION that a suspect will not appear in court voluntarily • WARRANT indicates the accused (by name and description) and offence, and orders that the accused be arrested as soon as possible and brought before a judge • Warrants are issued when judge determines from an information that there are reasonable grounds for arrest

  9. OFFICERS’ RIGHT OF ARREST • Officers may only arrest (without need of warrant) one accused of committing an offence when: • Suspect has been observed (by officers) committing either an indictable or summary offence • Suspect has committed an indictable offence in the past or is attempting to commit an indictable offence • Officers may arrest at any time (past offences, attempted offences) for any type of offence if a warrant is issued

  10. CITIZENS’ RIGHT OF ARREST • Section 494 of Criminal Code of Canada allows a citizen to arrest a suspect when: • Accused is observed in act of committing an indictable offence • Suspect is being actively pursued by peace officer(s) for either summary or indictable offences • Accused is committing a summary offence on citizen’s property (and is observed by citizen) • This allows security guards the powers of arrest while protecting store property, for example

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