The PoliceInvestigation Arrest and Bringing the Accused to

The Police—Investigation, Arrest, and Bringing the Accused to Trial 90 Mr. Goldsack Law 12 2019

Notes for Agenda 5 Part I 90 Mr. Goldsack Law 12 2019

The Police • Police officers maintain law and order and potentially risk their lives in order to do so. • As a result, police officers have special legal powers to search, detain, and arrest suspected criminals. • They may also use 90 force in apprehending suspects, but the use of force must be reasonable. • Police have specific duties and can be held accountable for their conduct.

Duties of Police Officers • There are several duties that police officers are responsible for, but the following are considered core services: – Crime prevention – Law enforcement 90 – Assistance to victims of crime – Maintenance of public order – Emergency response – Investigation of crime

Police Conduct • The behaviour or conduct of police officers is overseen in four main ways: 1. Legislatively (e. g. the Police Services Act) 2. Judicially (courts, common law precedents) 3. Administratively (e. g. civilian commissions, police services 90 boards) 4. Constitutionally (Charter of Rights, sections 7– 10)

Police Services – Principles 1. Need to ensure safety and security of people and their property 2. Importance of safeguarding fundamental rights guaranteed by the Charter of Rights and other human rights laws 90 3. Need for cooperation between police and communities 4. Respecting victims of crime and their needs 5. Being sensitive about the diverse and multicultural nature of society 6. Ensuring that police represent communities they serve

Purpose of an Arrest • To lay a charge • To secure / preserve evidence • To prevent crime 90 • The pronouncing of the words “your’e under arrest” is not enough to constitute an arrest!

The Arrest Power • If police have reasonable and probable grounds to suspect someone of a crime, they may arrest that person. • Depending on the circumstances, police have 90 on how to arrest someone: three basic options 1. Issue an appearance notice 2. Arrest the suspect 3. Obtain an arrest warrant

Appearance Notice: a legal document stating the criminal charge and court date; usually used for summary conviction offences. • If a police officer believes the accused is not dangerous and will 90 appear in court on a specific date, he or she will issue an appearance notice to the accused and swear an information in court. Information: a complaint that a crime has been committed; the starting document for a less serious offence.

Arrest Procedure • • For serious indictable offences, the police may arrest a suspect and take him or her into custody. The following steps must be taken by a police officer in order for an arrest to be lawful: 1. 2. 3. 4. • Identify himself/herself as a police officer 90 Inform the accused of the charge(s) Cautions: right to counsel; right to remain silent Physically touch the accused to signify custody (usually means putting the suspect in handcuffs) If the accused resists arrest, the police may use "as much force as necessary. ”

Arrest Warrants • If police have trouble locating a suspect for arrest, they may get a court to issue a summons, which orders someone to appear in criminal court. • In situations where police believe a suspect may be dangerous or uncooperative, they may 90 persuade a judge to issue a warrant for his or her arrest; a warrant names the accused, lists the offence(s), and orders the arrest.

Arrest without a warrant Police may arrest a suspect if they: • Have reasonable and probable grounds to believe the suspect has committed an indictable offence or is about to commit an indictable offence 90 • Witness the suspect committing a summary or indictable offence • Believe a warrant for arrest to be in effect for the suspect

Citizen's Arrest • In certain situations, ordinary citizens are permitted by law to arrest others. This is known as citizen's arrest. • Citizens may arrest someone if… 90 1. They are defending themselves, their dwelling, and/or their property. 2. They witness an indictable offence while it is in the process of being committed. 3. They are assisting a police officer.