Criminal law; Chapter 7

schoolstudycanada's version from 2018-04-09 02:10

Section 1

Question Answer
Appearance NoticeLegal document issued for less serious offences COMPLELLING person to appear in court
Promise to appear- Legal document signed by accused in which they agree to appear in court.
- This is used when the accused is charged with a summary or indictable offence, that has a fine that which is less than $5000
SummonsA legal document issued for an indictable offence which orders a person to appear in court at a certain date.
- Issued by sheriff or deputy. If the accused foes not appear, a warrant is issued
Recognizance- It is the result of the promise to appear.
- When the PROMISE TO APPEAR is broken, a fine up to $500 will be requested
An InformationLegal statement given under oath which covers the details of an offence
Detention- Legally depriving someone of liberty for the purpose of asking questions.
- Detained persons MUST be informed of the reasons of the detention and right to retain counsel.
Arrest- Legally depriving someone of liberty.
- Police must have reasonable grounds and proof that the offence was committed (probable cause)
Reasonable groundsBased on the information available, a reasonable person would conclude that the suspect had committed an offence
What four actions must take place for an arrest to be considered valid?- The officer must identify themselves
- Advise the accused that they are under arrest
- Inform the accused PROMPTLY of the charge
- TOUCH the accused to indicate they they are in legal custody
Arrest with a warrantUsed when police have reasonable grounds to believe that someone will not appear in court. The police must provide an INFORMATION to a judge or justice of peace to have a warrant issued.
BailTemporary release of a prisoner by payment of fee.
- A bail hearing is held 24 hours after the arrest
- The accused must show why they should not be kept in custody
- This DOES NOT exempt them from charges as they still have to guarantee their appearance in court
Citizens ArrestA person is allowed to do a citizens arrest on an accused perpetrator if the crime is indictable and/or the the accused is fleeing from the police.
- A citizens arrest is also allowed by property owners
Searching a placeIn most cases police must obtain a search warrant to search property.
They must have reasonable grounds for believing certain items will be found on the location.
Searching a place without a warrantPolice are allowed to search when:
- The amount of time makes it difficult to obtain a search warrant
- or there are REASONABLE GROUNDS to suspect that destruction of evidence or imminent injury/death will occur
Searching a personPolice can search a person without a warrant when the person is under arrest and there are reasonable grounds to presume that certain objects will be found on the person
Protection against unreasonable search & seizureSection 8 of the charter

Police "Hierarchy"

Question Answer
RCMP (Royal Canadian Mountain Police)- Formed in 1873
- provide investigative and protective services to federal government.
- They are the only police force in most provinces except Ontario and Quebec
Provincial Police- Police Municipalities
- Respond to municipal police request for assistance
- Patrol major and 400-series highways.
- Protect Ontario government officials and dignitaries
Municipal Police- Preserve peace
- Prevent crimes from occuring
- Assist victims of crim
- Apprehend criminals
- Lay charges and persecute
- Execute warrant
- Enforcing municipal bylaws
Aboriginal PoliceStandalone aboriginal police forces that provide professionalism and sensitivity to the needs of the aboriginal community.

Police Investigation Terminology

Question Answer
Chain of custodyWritten record of people who maintained unbroken control over an item of evidence
Class CharacteristicsGeneral attributes of an object (type, make, model, size)
ContaminationThe loss/destruction/alteration of evidence
Forensic ScienceThe use of scientific techniques to analyse evidence in a criminal investigation
Latent FingerprintFingerprints formed by natural oils and perspiration of the fingertip (invisible to naked eye)
PerimeterArea surrounding a crime scene
Physical evidence- Evidence that exists... physically...
- Any object which relates to an offence
Police LogWritten record of what a POLICE OFFICER witnessed.
Can be used as evidence when testifying in court