Policing

Question 1

Options for Police when reasonable and probable grounds are established (3)

Answer 1

1. Issue appearance notice
2. Arrest the suspect
3. Obtain a warrant of arrest

Question 2

Appearance notice

Answer 2

For summary convictions and less serious indictable offences and if police believe suspect is not a threat to others and will show up at bail hearing.

Question 3

Information

Answer 3

Sworn by officers before a judge that a crime has been committed.

Question 4

Steps in arrest

Answer 4

1. Officer identifies themselves
2. State accused is under arrest and outlines the charge
3. Right to counsel
4. Right to remain silent
5. Handcuffs

Question 5

Circumstances for usage of serious/deadly force (3)

Answer 5

1. Suspect might cause serious harm or death to others
2. Suspect tries to flee arrest
3. No alternative means to prevent escape

Question 6

Summons

Answer 6

Document obtained by police from a judge that orders the accused to appear in court at a certain time and place. This is used when there is difficulty finding the accused.

Question 7

Arrest Warrant

Answer 7

Used when the police can demonstrate to a judge that the accused will not appear in court voluntarily. If there are not reasonable grounds to believe accused has committed the offence, the judge will not issue a warrant.

Question 8

Conditions for search of a person without warrant

Answer 8

If there is a reasonable belief to think that the suspect is involved in a crime or if police believe suspect is carrying a concealed weapon (police search incident to arrest).

Question 9

Police search incident to arrest

Answer 9

The police right to search a person after arrest. In a car, an object of interest must be in plain view.

Question 10

Rights if not arrested

Answer 10

Do not have to tell police anything or even stay still. The only exception is if suspect is in a car.

Question 11

Conditions for arrest without first obtaining search warrant

Answer 11

If suspect is caught in the act or if there are reasonable and probable grounds to believe that a person has committed a crime, or is about to do so.

Question 12

Conditions for search warrant (3)

Answer 12

1. Officer swears information
2. Reasonable grounds to believe evidence of a crime exists on the property
3. Informant must be shown to be reliable

Question 13

Usage of search warrant

Answer 13

Can only be used to search on the information listed on the warrant (eg. only items mentioned in warrant may be seized, unless other illegal items are found). However, officers must have reasonable and probable ground that any items seized were used when committing a crime/ were obtained illegally.

Question 14

Search of individuals when executed search warrant

Answer 14

Can only be done after arrest, unless officers believe the person has illegal drugs or weapons.

Question 15

Police usage of electronic surveillance equipment

Answer 15

Warrant required

Question 16

Telewarrant

Answer 16

Can be obtained by telephone, fax, or email. Created for remote areas where personal officer appearance is too difficult. However, it is now used to obtain warrants quicker.

Question 17

Controlled Drugs and Substances Act

Answer 17

Police may search any place that is not a private residence without a warrant if there are reasonable and probable grounds to believe that it contains illegal drugs. Anyone found inside can also be searched without a warrant.

Question 18

Duty Counsel

Answer 18

Government lawyer who provides legal advice to those just arrested or brought before the court.

Question 19

Reverse Onus

Answer 19

For more serious offences such as murder or if accused was charged while out on bail on another charge. It is up to the accused to prove they should get bail.

Question 20

Undertaking

Answer 20

Document that accused signs that promises to live up to bail conditions.

Question 21

Recognizance

Answer 21

Document that states that the accused recognizes that they are charged with an offence and that they promise to return to court on a certain date.

Question 22

Writ of Habeas Corpus

Answer 22

Applied if the accused is kept in prison without being arrested or is denied a bail hearing. It requires the accused to appear in court, to swear they have been denied these rights, and to ask for release.

Question 23

Rights of fingerprinting and photographing

Answer 23

People charged with indictable offences and are released may be fingerprinted and photographed. Biometrics may also be used. These are difficult to get rid of , even if someone is mistakenly arrested. If acquitted, people do not have the right to have it removed.

Question 24

Biometrics

Answer 24

Science that establishes individuals’ identity by measuring physical features.

Question 25

Lawyer's argument if accused confesses to lawyer

Answer 25

Lawyer cannot say their client did not jcommit the crime.

Question 26

Disclosure

Answer 26

All evidence against the accused must be revealed to the defense by the Crown (even if not used). The defense attorney must disclose alibi's so the Crown can verify it.

Question 27

Preliminary Hearing

Answer 27

For serious crimes. If judge or crown concludes there is not enough evidence to proceed, the charges might be dropped. Defense may cross examine Crown witnesses.

Question 28

Purpose of police collecting DNA (4)

Answer 28

1. Links crimes together when there are no suspects 2. Helps identify suspects 3. Eliminates suspects when there is no match between crime scene DNA and a DNA profile from data bank. 4. Determine if a serial offender is involved in a crime.

Question 29

Adjournment

Answer 29

Postponement of court business. Used if accused needs to apply for legal aid.

Question 30

Resolution Discussions

Answer 30

Defense and Crown try to get a plea negotiation, where defense pleas guilty to a lesser charge.