Arrest and Release Flashcards
Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by who?
Any person
In addition to the authorities to arrest without warrant given to any person in s. 494 CC, what additional authorities does a peace officer have?
495(1) :
a) has committed an indictable offence, or a person the officer believes on reasonable grounds has committed or is about to commit an indictable offence
(b) the officer finds committing a criminal offence
(c) on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal, which is in force within the territorial jurisdiction where the person is found, or
524(2) and 525(6)
(d) has contravened or is about to contravene the terms of a criminal release
(e) has committed an indictable offence while on release for a criminal offence
31(1)
f) is found committing or it is believed on reasonable grounds is about to commit a breach of the peace
A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offences where there are reasonable grounds to believe the public interest has been satisfied having regard to all the circumstances including the need to what?
- establish the identity of the person
- secure or preserve evidence
- prevent the continuation or repetition of an offence
- ensure that the accused will appear in court
- ensure the safety and security of any victim or of witness to the offence.
In circumstances where the public interest is satisfied, an offender must be released by what methods?
- unconditionally with no intent to proceed to court
- unconditionally with intent to seek a criminal summons, - or by way of an Appearance Notice (Form 9).
When can a police officer continue the arrest (summary, dual, indictable 553 offences) of a person?
Where the public interest is not satisfied or for any indictable offence other than dual procedure and 553 indictable offences. The criteria for satisfying the ‘public interest’ are set out in s. 497 CC.
With regards to Provincial Offences, is there any general arrest authorities?
There are no general Provincial arrest authorities. Reference must be made to individual statutes.
As a general rule, police officers are required to obtain a warrant prior to entering a dwelling–house to arrest a person. Entry to a dwelling–house to affect an arrest is prohibited unless the officer has what?
- the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
- the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
- when there are reasonable grounds to suspect that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
- when there are reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
- in circumstances of fresh pursuit.
What do members need prior to entering a dwelling–house to execute an arrest warrant?
Members shall, whenever possible, obtain an endorsement on the arrest warrant under ss. 529(1) CC, or
an authorization warrant (Form 7.1) under s. 529.1 CC.
In all cases, members shall ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except for what circumstances?
- as provided on the warrant, or
- where there are reasonable grounds to believe that prior announcement of the entry would:
- expose the officer or any other person to
imminent bodily harm or death, or
- result in the imminent loss or imminent
destruction of evidence relating to the
commission of an indictable offence.
What is, and the cause of, excited delerium?
Is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of both.
What should be done with persons exhibiting signs of excited delirium?
Persons exhibiting the symptoms of excited delirium must always be treated as suffering from a medical emergency and once secured, be transported to hospital for examination.
Positional asphyxia compromises which bodily functions?
Heart and lung functions Increasing the risk of death
When considering the continued detention of an arrested person who is accompanied by a guide dog due to blindness, visual impairment, hearing impairment, or other physical disability, what shall be done?
- make reasonable effort to have the guide dog accommodated by friends or relatives,
- or contact the Toronto Police Operations Centre (TPOC) for further resources such as Canine Vision Canada or the Humane Society
- not transport the guide dog to court with the prisoner
When releasing a person on either a Form 9 or Form 10, or when proceeding by way of criminal summons what needs to be served on the person?
- shall serve the person with a TPS 493.
When dealing with an incident involving a person who provides identification as a diplomatic or consular official shall what should you do?
- comply with Procedure 04-12
- not arrest a person on these premises
- Foreign embassies and consulates are considered foreign land and outside the jurisdiction of police officers*
