Criminal law (chapter 5)

• Police

  Police officers maintain law and order and potentially risk their lives in order to do so
• Police officers


  • Have special legal powers to search, detain, and arrest suspected criminals
  • May use force in apprehending suspects, but the use of force must be reasonable
  • Have specific duties and can be held accountable for their conduct
• Duties of police officers

  • Crime prevention
  • Law enforcement
  • Assistance to victims of crime
  • Maintenance of public order
  • Emergency response
  • Investigation of crime
• Ways police conduct is overseen

  • Legislatively (e.g, The Police Services Act)
  • Judicially (courts, common law precedents)
  • Administratively (e.g, civilian commissions, police services boards)
  • Constitutionally (Charter of Rights, sections 7-10)
• Arrest power

  If police have reasonable and probable grounds to suspect someone of a crime, they may arrest that person
• Arrest options


  1. Issue an appearance notice

  2. Arrest the suspect

  3. Obtain an arrest warrant
• Appearance notice


  A legal document stating the criminal charge and court date; usually used for summary conviction offences
• Information


  A complaint that a crime has been committed; the starting document for a less serious offence
• Lawful arrest procedure

  1. Identify himself/herself as a police officer

  2. Inform the accused of the charge(s)

  3. Cautions: right to counsel; right to remain silent

  4. Physically touch the accused to signify custody (usually means pulling the suspect in handcuffs)
• Citizen's arrest


  Ordinary citizens are permitted by law to arrest others in certain situations
• Citizen's arrest situations


  • Defending themselves, their dwelling, and/or their property
  • Witnessing an indictable offence while it is in the process of being committed
  • Assisting a police officer
• Search warrant


  A court order that authorizes police to search a specific place during a specified time
• Telewarrant


  A new type of warrant that the court issues can be obtained by telephone, fax, or e-mail if police require a search warrant quickly and do not have time to appear before a judge in person
• Habeas corpus


  A Latin term which means "produce the body"; to present a case on why the accused is being denied his or her freedom
• Legal aid


  If an accused person cannot afford their own lawyer, they may be eligible for legal aid, which is paid for by the government through taxes
• Section 8 of the Charter protects Canadians from being subject to "unreasonable search or seizure"
• Section 9 of the Charter states that everyone has the right "not to be arbitrarily detained or imprisoned"
• Section 10 of the Charter states that when arrested or detained, everyone has the right to be informed of the reasons, to retain and instruct counsel and to be informed of that right, and to have the validity of the detention determined by writ of habeas corpus
• Bail


  Money or property that is guaranteed to the court if the accused fails to appear in court at a later date
• Bail conditions

  • Curfews
  • Travel restrictions
  • Keep peace
• Surety


  A person who posts bail and accepts responsibility for an accused person
• Reverse onus


  The burden of proof is placed on the accused to justify why they should be granted bail
• Judicial release


  If released, the accused must sign an undertaking of bail and live up to its conditions
• Recognizance


  Accused recognizes that he/she is charged with an offence and promises to show to court
• Accused denied bail by the judge

  Can appeal decision to higher court
• People charged with indictable offences and released may be fingerprinted and photographed before being released
• Reasons for denied bail: threat to public, identity unknown, flight risk
• Disclosure


  Prior to trial, the Crown must disclose, or reveal (share), all of their evidence to the defence (legal obligation)
• Alibi defence


  Alibi of an accused that they are not in the crime scene
• Preliminary hearing


  1. Crown and defence examine all evidence collected by the police

  2. Judge hears description of crown evidence and some crown witness testimony

  3. If not enough evidence to justify a trial, all charges against the accused have been dropped

  4. Crown must establish a prima facie case—justification for a trial
• Prima facie case


  Can they prove mens rea and actus reus with their evidences gathered
• Resolution discussions


  Discussions between the crown and defence before a trial begins in an attempt to resolve the case without going to trial
• Plea negotiation (or plea bargain)


  Occurs when the crown "makes a deal" with the accused—a guilty plea and/or additional information in exchange for a lighter penalty