Please enable JavaScript.
Coggle requires JavaScript to display documents.
Arrest, Custody, Appearance Before a Justice, Bail hearing, R v Grant…
Arrest, Custody, Appearance Before a Justice
Arrest without a warrant
Release
With an appearance notice
Contents defined in s. 500
Receives an undertaking from the person
Contents defined in s. 501
Variation to undertaking with consent s. 502
With a summons compeling appearance
Don't release if
in public interest
to secure evidence
to prevent an offence
to establish identity
to ensure safety and security of victim or witness
risk that person will fail to attend court
Bring before a justice
within 24h or as soon as possible
Release without conditions
Release with conditions
Unless accused pleads guilty
Detention order
494-95. Grounds of arrest
on "reasonable grounds" believes is about to be committed
on "reasonable grounds" believes has been committed
suspect is found committing
on "reasonable grounds" believes a warrant or arrest/committal exists within jurisdiction
for peace officer arrest only
offence has been committed
Who can arrest
any one
Obligation to deliver person to peace officer
peace officer
495.1 + 496
Arrest with a warrant
Release
With an appearance notice
Receives an undertaking from the person
Decision not to arrest
Issue an appearance notice
Three types of indictable offenses
553
Provincial Court
No jury
"absolute jurisdiction" indictables
536
"electable offenses"
Accused can choose Superior Court or Provincial Court
Residual indictables that are not specified in 469 or 553
469
Preliminary inquiry
Usually a jury
Superior Court (federal-appointed judges)
Crimes like murder, treason...
"exclusive jurisdiction" indictables
"Reasonableness" requirement
Subjective +
Objective
Detention that is NOT arbitrary per s.9 Charter is
Authorizing law is not arbitrary
Authorized by law (statutory or CML)
Detention is carried out in a reasonable manner
Bail hearing
R v Grant (para. 44)
R v Grant (para. 44)