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Processes of Criminal Law: Before the Trial

Processes of Criminal Law: Before the Trial. Law 12 Mr Laberee. Apprehending suspects. Apprehension occurs when a police officer has reasonable and probable grounds to believe that an offence has been committed To apprehend a suspect, a police officer has 3 choices:

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Processes of Criminal Law: Before the Trial

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  1. Processes of Criminal Law:Before the Trial Law 12 Mr Laberee

  2. Apprehending suspects • Apprehension occurs when a police officer has reasonable and probable grounds to believe that an offence has been committed • To apprehend a suspect, a police officer has 3 choices: • Appearance Notice (less severe crimes) • Arrest • Warrant for Arrest

  3. Appearance Notice • states the name of accused, the charge against the accused, and time/place of court appearance • Is issued for summary convictions, hybrid offenses, or less serious indictable crimes when the officer believes that the accused will appear on the specified date • to issue, police must swear an Information before a judge, presenting their reasonable grounds for believing the suspect committed the offense

  4. Arrest • Used for more serious indictable offenses • Can occur without a warrant if there are reasonable grounds to believe an offense has been, is being, or is about to be committed • If done without a warrant, police must swear an Information • If a suspect resists arrest, the police are allowed to use as much force as necessary to prevent escape • However, police are criminally liable for use of unnecessary force

  5. Warrant for Arrest • Used when police can show that the accused likely will not voluntarily appear in court (otherwise, a summons is issued, ordering the accused to appear in court on a certain date) • Generally used when police don’t know the whereabouts of a suspect; the warrant stands until the suspect is brought into police custody

  6. Citizen’s Arrest • Citizens have the same rights as police when it comes to arrests • That is, if a citizen sees a crime committed, they are permitted to detain them for arrest • They are also allowed to use “minimal necessary force” in doing so • Discouraged by police because of the dangers to the citizen • They citizen can be sued by the suspect if the suspect feels they used excessive force

  7. DETENTION - RIGHTS • If DETAINED, a citizen must be given: • Reasons for detention • Advice to retain counsel • NOTE: A person who voluntarily submits is not owed these procedures

  8. DETENTION - RIGHTS • Police officers during detention can only search for the following purposes: • SAFETY – quick pat-down for weapons • DRUGS, ALCOHOL – limits to this (usually must obtain warrant if police wish to use as evidence towards charges) • If detention is illegal (police continue to question, search or detain), citizen may apply to Complaints Commission for investigation

  9. ARREST - RIGHTS • Upon arrest, police officers must make the following statement: • You have the right to retain and instruct legal counsel without delay. You have the right to telephone any lawyer that you wish. You also have the right to free legal advice from a legal aid lawyer. If you are charged with an offence, you can contact Legal Aid for legal assistance. Do you understand? Do you wish to telephone a lawyer now?

  10. ARREST - RIGHTS • Other rights that police need to inform charged of: • Right to remain silent • Rights must be read when accused is in capacity to understand (i.e.- sober), and in language that accused understands (through interpreter, if necessary) • Police must stop questioning the moment the accused takes advantage of their right to legal counsel

  11. ARRESTS – RIGHTS OF POLICE • Police have the right to search the accused upon arrest for purposes of: • Locating and securing evidence related to the crime • Removing items that could be used to escape or create violence • Securing items not related to crime • Police have right to move accused to police station • Police have right to do full searches, including body cavity search (need to be justified)

  12. ARRESTS – RIGHTS OF POLICE • Police may fingerprint and photograph accused IF CHARGED WITH INDICTABLE OFFENCE • Accused under arrest has right to refuse: • Participation in a suspect line-up • Participation in a polygraph (lie detector) test • Submission of blood, urine, hair or breath samples (except in impaired driving offences)

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