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Crim 1216 FINAL EXAM > Chapter 5 > Flashcards

Chapter 5 Flashcards

1
Q

What are the 3 ways to make someone appear in court ?

A
  1. Appearance notice
  2. A summons
  3. Arrest

( Sometimes when the police have reasonable grounds to believe accused won’t appear in court then they can automatically arrest the individual rather than risk giving them an appearance notice or order a summons.)

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2
Q

What is an “appearance notice” ?

A

Basically, asking them to appear in court.
Under s.496, where if a police officer does not think an arrest is required, they can issue an appearance notice if the offence is :
1. an indictable offence under s.553 ( less serious I.O )
2. a hybrid offence
3. a summary conviction offence

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3
Q

What is a “summons” ?

A

Basically when the police go before a justice and the justice issues a court order ordering the accused to appear in court. (Must have enough evidence to suspect the individual needs to be brought in)
A peace officer must deliver the summons personally to the accused. ( Or whoever is at the residence and appears to be at least 16 years old )

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4
Q

What is an “arrest” ?

A

Detention of a person for the purpose of dealing with the person according to law, including the purpose of bringing an accused person before the court.

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5
Q

What is an “information” ?

A

Document that lays a charge against an accused person and it must be sworn by the informant, who is usually a police officer, who has reasonable cause that the individual is a suspect of a crime.

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6
Q

Is it illegal to not appear in court ?

A

Yes, if you fail to appear in court you will have committed a criminal offence and an arrest warrant will be issued against you.

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7
Q

Can only police officers make an arrest ?

A

NO, anyone under the law can make an arrest if they have reasonable grounds to believe so and if they find that individual actually committing an offence at the time.

Section 494.(1) states how any citizen can make an arrest and when they can.

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8
Q

What are the 3 ways a citizen can make an arrest ?

A
  1. Find someone committing an INDICTABLE OFFENCE
    ( You find someone stabbing another person )
  2. A person who on reasonable grounds believes someone who has committed a criminal offence and is escaping and is freshly being pursued by a person in authority.
    ( Police officer chasing someone )
  3. The owner of a property can arrest someone if they find them committing an OFFENCE on OR in relation to the property AND they must make the arrest at the time of or within a reasonable time.
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9
Q

When can a citizen “arrest” someone if they are found during the act of committing the offence ?

A

A citizen may only make an arrest if the individual is committing an indictable offence at the time of.

( Hybrid offences, are in this case, also indictable offences )

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10
Q

What is an additional power everyone has with respect to “ breach of the peace” ?

A

An additional power of DETENTION to the private person is that if they see someone or persons breaching the peace, they are justified to “detain” anyone involved or about to join the breach. ( Detained until the police arrive )

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11
Q

Is it an offence to not help a police officer whenever they request your help ?

A

Yes, a person commits an offence if they omit, without reasonable cause, to assist a police officer or peace officer in the execution of his duty in arresting a person or in preserving the peace…

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12
Q

What else can be said about making a “private citizen arrest” ?

A
  • Under s.494(3), when a private person makes an arrest they must deliver the arrested person to a peace officer (right away or ASAP)
  • Use of force should be no more force than necessary and must be reasonable given the circumstances during the citizen arrest.
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13
Q

What 5 ways can a peace officer make an arrest ?

A

S.495(1) : A peace officer may arrest without a warrant
(a) a person :
1. Who has committed an indictable offence OR
2. Who on reasonable grounds he believes has committed OR
3. Is about to commit an indictable offence
(b) 4. A person who is found committing a criminal offence
(In this case both summary and indictable offences)
(c) 5. When the officer has reasonable grounds to believe there is a warrant out for the arrest

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14
Q

What does “reasonable grounds” mean ?

A

Grounds that would lead an officer/reasonable person to believe that there was reasonable grounds.

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15
Q

Under s.2 of the criminal code who are “peace officers” ?

A
  • Sheriffs
  • Prison Guard
  • Certain military personnel
  • Pilot commanding an aircraft with civilians

(Private security guards ARE NOT peace officers, this means that they are essentially a regular citizen making an arrest if they wish to do so.)

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16
Q

What is s.495(2) mainly about?

A

It defines in what circumstances a peace officer CANNOT make an arrest without a warrant unless it is in the “public’s interest” Mentions s.553 indictable offences

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17
Q

In the relation to s.495(2), what does the “public’s interest” mean ?

A

Whenever an officer is making an arrest that he technically shouldn’t be making but has decided to do so in accordance to the public’s interest, he must consider:

  • the need to establish the identity of the person
  • the need to protect and/or keep evidence
  • the need to prevent the continuation or repetition of the offence or the commission of another offence.
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18
Q

What can a peace officer do if the accused he found does not affect any public safety issues and it is not an indictable offence?

A

The peace officer may issue an appearance notice or obtain a summons if he believes that the accused will actually show up.

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19
Q

What are the 3 categories in which an officer cannot make an arrest without a warrant ?

A
  1. Indictable offences under s.553 ( less serious )
  2. Hybrid offences
  3. Summary conviction offences
20
Q

What must a peace officer do when he brings an accused in under s.495(2) ?

A

After establishing whatever reason it was to bring the accused in, for example to get ID, afterwards the accused must be let go if there are no other reasons to keep them.

21
Q

What is a “recognizance” ?

A

Is an agreement made by the accused that he or she will pay a certain amount of money if they fail to appear in court as required.

22
Q

What are arrest warrants and when are they usually issued by a justice ?

A
  • Is a document issued by a justice that commands the police to arrest a name person and bring them before the court.
  • A justice must issue a summons unless there is a reasonable reason to issue a arrest warrant. ( Public interest also accounts here )
  • An arrest warrant may also be issued if the accused disobeys an appearance notice or a summons.
23
Q

What is “bail” ?

A

Another phrase for “bail” is “ judicial interim release” and it is a term used to describe an accused persons custodial status pending trial.

24
Q

What happens to someone if they are denied bail ?

A

If they are denied bail then they go into a certain facility in which it is usually overcrowded and lengthy lock downs are common.

25
Q

Why is it a “bad” thing to be denied bail for the accused ?

A

It jeopardizes their employment
If they live in an apartment they may lose their residence
Relationships can be harmed
Interferes with ability to prepare a good defense since they cant easily meet up with their lawyer.

26
Q

What is a “surety” ?

A

An agreement ( usually an accused family member or close friend ) that they vouch in bringing the accused and in other words is another person that the court can “trust” will bring in the accused at the court date.

27
Q

What are the 5 levels of restrictive measures a justice can put on an accused persons to show up to court ?

A
  1. An undertaking w/o conditions
  2. An undertaking w/ conditions
  3. A recognizance w/o sureties and w/o deposit of money but with conditions
  4. Recognizance with sureties and w/o deposit but with conditions
  5. With the prosecutors consent, a recognizance w/o sureties but with a deposit of money in an amount directed by the justice and with conditions.
28
Q

What is an undertaking ?

A

Means like a promise to appear or a promise to the court to appear.

29
Q

What is a recognizance ?

A

Similar to an undertaking but more serious, it is a bond by which a person undertakes before a court and they acknowledge they are in debt to the state or court.

30
Q

What are the 3 things Crown should be able to prove to a justice if they think the accused should be kept in jail ?

A
  1. To ensure that the accused attends court
  2. Public safety ( Trying to keep victim save, witnesses )
  3. To maintain confidence in the justice system
    ( Will public rage if they find out this person is on bail in public ? Will this make the system look weak ? )
31
Q

What can an accused do if they are denied bail but want to go on bail ?

A

They can try to get bail again but the circumstances must have changed somehow and they should have a better “release” plan.

32
Q

Does the right to remain silent also apply to pre-trial stages ?

A

The right to remain silent is a principle of fundamental justice under s.7 of the charter and it also applies in pre-trial stages.
Right to be presumed innocent until proven guilty
Right to not incriminate oneself

33
Q

What happens when an accused indicates that they do not want to make a statement ?

A

The police cannot use deception or trickery to override the persons decision.
Statements must be voluntary

34
Q

What are the 4 factors that may raise a reasonable doubt about the voluntariness of statement ?

A

All of these 4 situations make the evidence not valid

  1. Threats or promises, police cant use voluntary answers after having used threats or promises
  2. Oppression, Police may create intolerable conditions, oppressive conditions in which this would overpower anyone to confess anything
  3. Operating mind, whether the accused has the mental capacity to know if he is stating facts that incriminate him.
  4. Police trickery
35
Q

Can police randomly stop vehicles ?

A

Short answer is, YES and although it does violate our right to not be arbitrarily detained, under s.1 of the charter it can be justified and is reasonable.

36
Q

What are the 3 ways a person can be “detained” ?

A
  • Physical restraint
  • By psychological means is made to believe that he or she has no choice but to remain
  • By giving demand or direction where there will be legal consequences.
37
Q

Can police randomly search any household at any given time ?

A

As a general rule, NO, they need to obtain a search warrant beforehand and show reasonable evidence to have the search warrant be valid.

38
Q

Once the police has obtained a search warrant, what exactly are they allowed to search ?

A

The police cannot search for anything, on the warrant itself it must say what they are looking for and if it is found then they can seize it.

39
Q

What is usually shown on a search warrant ?

A
  • The place of search
  • Owner of property
  • Name of accused
  • Must describe offence which the evidence can be proven with
40
Q

What happens if the police are searching and they find incriminating evidence ? ( Bloody jeans )

A

If the police are looking for a gun and they find a pair of bloody jeans, they can seize it only if they have reasonable grounds to believe it is connected to the offence.( Or the gun )

41
Q

Are there limitations on where the police can specifically search for evidence with a search warrant ?

A

Yes, the police can only look for that “evidence” in places where a reasonable person would keep that thing in.
For example, if they have a search warrant to search your car or garage, the police cannot go inside your home and look through your drawers.

42
Q

Is there a time limitation for search warrants ?

A

Yes, warrants must only be executed between 6am and 9pm

43
Q

What must the police do when they first come to your door with a search warrant ?

A

They must give notice of their purpose, authority and presence.
They do not need to “introduce” themselves if they, on reasonable grounds, believe in doing so would destroy any evidence.

44
Q

Can there be a search warrant for a person ?

A

No, a person is not a place so there cannot be warrants to search a person.
Although, they can be warrants to get your DNA or bodily substance

45
Q

What are the 3 types of samples the police can get from a person ?

A
  1. Hair
  2. Blood
  3. Skin cell from a mouth swab
46
Q

What can be said about a student backpack and whether or not it can be searched without a warrant ?

A

Under the law, a student’s backpack is considered like a suitcase or a purse, in other words, it is your property and if the police want to search it they will need a search warrant.

47
Q

What are the 3 factors that can affect whether or not to exclude evidence when it has to do with infringement of the charter.

A
  1. The seriousness of the charter-infringing state conduct
  2. The impact of the breach on the charter-protected interests of the accused
  3. Society’s interest in the adjudication of the case on its Merits.

Crim 1216 FINAL EXAM (3 decks)

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