Show:
Making an Arrest
Warrants
Police Authority
Types of Arrest
Offences
100

What are the 4 components of facts in issue?

  1. Day, date, time & place  

  2. Identity

  3. Actus reus

  4. Mens rea

100

Name one type of warrant.

1. Arrest Warrant

2. Bench Warrant

3. Surety Warrant

4. Witness Warrant

100

Where do police get their authority and power to arrest?

Common law and statutory powers.

100

Define what "return radius" is.

An area, specified in an arrest warrant, within which a found suspect must be returned to the police that requested the warrant.

100

What is the maximum penalty for summary conviction offences?

maximum penalty of $5, 000 and/or two years less a day in jail

200

What are the steps IN ORDER in making an arrest?

  1. Officer Identify themselves 

  2. Take physical control of the person 

  3. Use the appropriate amount of force.

  4. Tell the person that he or she is under arrest 

  5. Tell the person why they are under arrest 

  6. Inform the person of their right to counsel

200

What are the two situations in which suspects may be held voluntarily or involuntarily without being under arrest?

1. To detain

2. To search

200

What two pieces of legislation limit arrest powers and authority?

1. Canadian Charter of Rights and Freedom

2. Freedoms and the Criminal Code

200

How do police officers generally deal with offenders under the age of 12?

  • Children under 12 are not dealt with by the Youth Criminal Justice Act, but by the Child Youth and Family Services Act, 2017

200

An arrest made based on reasonable grounds must pass what two tests to qualify as lawful?

1. Subjective Test

2. Objective Test

300

What are the considerations to take into account for a search incident to arrest?



  1. Arrested person’s age, physical size, gender

  2. Gender of the arresting officer

  3. Location of arrest

  4. Privacy issues

  5. Whether an arrested person will be released at the scene or taken to the police station in a police vehicle

300

What are the three obligations of a police officer in a situation involving voluntary accompaniment?

1. Tell the person what offence the police are investigating and why they need to ask the individual questions.

2. Inform the person that they may face consequences as a result of the answers that they give to the police.

3. Advise the person that they can, at any time and without consequences, withdraw their consent to remain/answer any further questions.

300

What is the difference between an arrest with/without a warrant?

Arrest With a Warrant:
Law enforcement must obtain a warrant from a judge or justice of the peace before arresting someone, except in specific circumstances.


Arrest Without a Warrant (Section 495):
Officers may only arrest someone without a warrant if:

  • They catch the person committing an indictable offence.

  • They believe, on reasonable grounds, the person is about to commit an indictable offence.

  • They believe the arrest is necessary to preserve evidence, prevent an offence, or protect public safety.

300

What are the steps of making a citizen's arrest?

1. Tell the suspect you are making a citizen's arrest

2. Call the police

3. Ask for cooperation until the Police Officer arrives

4. Avoid force or only use reasonable force necessary

5. Do not question or search the suspect

6. State plain facts of what happened when POs arrive

300

What do each of the letters represent in the acronym RICE?

R-Repetition or continuation of the offence

I-Identity of the accused

C-Court

E-Evidence