1. The Police—Investigation, Arrest, and Bringing the Accused to Trial
Chapter 5
The Police—Investigation, Arrest, and Bringing the Accused to Trial

2. The Police
Police officers maintain law and order and potentially risk their lives in order to do so.
As a result, police officers have special legal powers to search, detain, and arrest suspected criminals.
They may also use force in apprehending suspects, but the use of force must be reasonable.
Police have specific duties and can be held accountable for their conduct-a case can be dismissed if the police do not follow procedure and respect a suspect’s rights.

3. Duties of Police Officers
There are several duties that police officers are responsible for, but the following are considered core services:
Crime prevention
Law enforcement
Assistance to victims of crime
Maintenance of public order
Emergency response
Investigation of crime

4. Police Conduct
The behaviour or conduct of police officers is overseen in four main ways:
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)

5. Police Services – Principles
Need to ensure safety and security of people and their property
Importance of safeguarding fundamental rights guaranteed by the Charter of Rights and other human rights laws
Need for cooperation between police and communities
Respecting victims of crime and their needs
Being sensitive about the diverse and multicultural nature of society
Ensuring that police represent communities they serve

6. The Arrest Power
If police have reasonable and probable grounds to suspect someone of a crime, they may arrest that person.
Depending on the circumstances, police have three basic options on how to arrest someone:
Issue an appearance notice
Arrest the suspect
Obtain an arrest warrant

7. Appearance Notice Appearance Notice: a legal document stating the
criminal charge and court date; usually used
for summary conviction offences.
If a police officer believes the accused is not dangerous and will appear in court on a specific date, he or she will issue an appearance notice to the accused and swear an information in court.
Information: a complaint that a crime has been committed; the starting document for a less serious offence.

8. Arrest Procedure
The following steps must be taken by a police officer in order for an arrest to be lawful:
Identify themselves as a police officer
Advise the accused they are under arrest
Inform the accused promptly of the charge and show the arrest warrant if one has been obtained
Touch the accused to indicate they are in legal custody
Inform the arrested person of their right to counsel
Daniel says…You have the right to remain silent-use your right!
If the accused resists arrest, the police may use "as much force as necessary.” As long as…..

9. Main Purpose of Arrest To ensure safety of public and police
To prevent destruction of evidence
To discover/collect evidence for which the accused was arrested…the Chain of Custody is now in effect!!!

10. Arrest Warrants
If police have trouble locating a suspect for arrest, they may get a court to issue a summons, which orders someone to appear in criminal court.
In situations where police believe a suspect may be dangerous or uncooperative, they may persuade a judge to issue a warrant for his or her arrest; a warrant names the accused, lists the offence(s), and orders the arrest.

11. Citizen's Arrest
In certain situations, ordinary citizens are permitted by law to arrest others. This is known as citizen's arrest.
Citizens may arrest someone if…
They are defending themselves, their dwelling, and/or their property.
They witness an indictable offence while it is in the process of being committed.
They are assisting a police officer.

12. Search Laws
It is often necessary for suspects and accused persons to be searched by police.
Searches are conducted when officers are looking for weapons or evidence that may be used in court against the accused.
Section 8 of the Charter of Rights and Freedoms protects Canadians from being subject to “unreasonable search or seizure.”
As a result, there are several practices and procedures that police must be aware of when conducting searches.

13. When Can a Cop Search? Police officers can search a suspect if…
the person is being placed under arrest
they have reason to believe the person may have drugs, alcohol, and/or weapons on them
they have a search warrant
***When police search someone's home, they MUST have a search warrant.
A search warrant is a court order that authorizes police to search a specific place during a specified time.

14. In what urgent situations can the police enter my home?
the police can enter without a warrant or permission in order to arrest someone or take them into custody when they have reasonable grounds to believe that:
they need to enter in order to prevent someone inside from being seriously injured or killed, or
there is evidence in your home that relates to a serious offence, and they need to find that evidence right away or it might be lost or destroyed.

15. In what urgent situations can the police enter my home?
And the police can enter your home to look for evidence if:
they have reasonable grounds to believe there is evidence in your home, for example, drugs or weapons, and
they need to act immediately so that the evidence will not be lost or destroyed.

16. In what urgent situations can the police enter my home?
to give emergency aid to someone inside,
to protect the life or safety of someone inside if they have a reasonable belief that a life-threatening emergency exists,
to protect the life or safety of people in the home if someone heard a gunshot inside,
to investigate a 911 telephone call,
to help someone who has reported a domestic assault to remove their belongings safely,

17. In what urgent situations can the police enter my home?
The police can enter your home without a warrant to remove a child if they have reasonable grounds to believe that the child is:
neglected or abused and is "in need of protection",
a "runaway" under the age of 16, who was in the care of a children's aid society, and the child's health or safety might be at risk during the time needed to get a warrant, or
under 12 years old and has done something that would be an offence if someone 12 or older had done it.

18. In what urgent situations can the police enter my home?
The police cannot enter your home without a warrant just to investigate whether a child's mother or father is a good parent.
Your landlord also has the right to enter your home in an emergency. Landlords can ask a police officer to come with them.
Unless you have given the police notice not to enter your property, they can at least go onto your property to protect it from suspected criminal activity.

19. Search Laws & Rules
When executing a search warrant, police may demand to enter a property and may force their way in if no one is home.
The person whose home is being searched should be given a copy of the warrant.
If the warrant has not been filled out correctly, the entire search may be invalid.
Telewarrants can be obtained by telephone, fax, or if police require a search warrant quickly and do not have time to appear before a judge in person.

20. Obtaining a Search Warrant
A proper search warrant must…
Identify the premises to be searched
Identify the criminal offence(s)
Describe what the officer is looking for specifically
Be signed by a judge or justice of the peace

21. Being Detained
Section 9 of the Charter of Rights and Freedoms states that everyone has the right “not to be arbitrarily detained or imprisoned.”
A person should not be randomly stopped, arrested, or detained unless there is a good reason for doing so.
If a person is detained, the detention should either lead to an arrest within a short period of time, or the person should be allowed to leave.
The police cannot force someone to be detained unless they officially arrest them.

22. Being Arrested
If a person is arrested, his or her request to contact a lawyer must be honoured by police.
Duty counsel may be provided to an accused person should they have difficulty meeting with their own lawyer.
Police may also provide the accused with a list of local defence lawyers.
The accused may refuse to answer questions or provide statements until they consult with a lawyer, but may answer basic questions:
name, address, occupation, date of birth

23. Being Arrested contd…
Section 10 of the Charter of Rights and Freedoms states that when arrested or detained, everyone has the right to the following:
to be informed of the reasons
to retain and instruct counsel
to have the validity of the detention determined by writ of habeas corpus
Habeas corpus is a Latin term which means "produce the body"; in current legal terms it means to present a case on why the accused is being denied his or her freedom.

24. 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.
Candidates include those on social assistance or welfare, or others who have very low income.
To qualify for legal aid, an accused person must “prove” that they cannot afford a lawyer.
A common criticism of the justice system is that only the very rich and very poor have easy access to lawyers.

25. Release & Bail
After someone is arrested, he or she may be released pending trial.
Bail: $$$ or property that is guaranteed to the court if the accused fails to appear in court at a later date.
Surety: a person who posts bail and accepts responsibility for an accused person.
Other than money, bail conditions often include curfews and travel restrictions.
Reverse Onus: when the burden of proof is placed on the accused to justify why they should be granted bail.

26. Awaiting Trial
From the time an accused person is charged to the beginning of his or her trial, several motions and procedures take place:
Disclosure
Collection of evidence
Court appearances
Preliminary hearing
Resolution discussions

27. Disclosure
The prosecutors – called Crown Counsel – must give you a copy of all the evidence they have about the charges against you-prior to the start of trial proceedings. This is called “disclosure”. Crown must disclose copies of police reports, witness statements, your criminal record, and statements you made. This may also include pictures, notes and names.

28. Disclosure
The accused must understand the evidence that may be used against him or her so he or she can build a defence and be granted a fair trial.
The only thing that the defence must present to the Crown is an alibi defence, if they intend to use one.
After disclosure has been received, a preliminary hearing is held.

29. Collecting Evidence
Before a trial occurs, the Crown and defence have the right to examine all evidence collected by the police.
Evidence includes anything that may be used against the accused in court, including weapons, clothing, blood, and fingerprints.
In recent years, DNA has revolutionized the use of forensic sciences in law enforcement.
Evidence is often found at the scene of the crime and during autopsies (determining a victim's cause of death).

30. Court Appearances
First Appearance You must go to court at the time and date the notice says. This will be your “first appearance” and it is typically in Provincial Court. You are being charged with each of the crimes listed – each one is called a “count”. If you don’t go to court when the document tells you to, the judge can order the police to arrest you and bring you to court. You can be charged with another offence if that happens, called failure to appear.

31. Court Appearances
At your first appearance, you do not have to present evidence or prove your case.
Crown Counsel must prove that there is enough evidence to move the case to a trial.
An accused person, may enter a plea of “guilty” or “not guilty.” If they plead “guilty,” they are deferred for sentencing; if they plead “not guilty,” there may be a trial (depending on the evidence!)

32. Court Appearances
An adjournment occurs when the Crown or defence asks for a delay or postponement in proceedings.
Provincial courts hear summary conviction offences and serious indictable offences.
Provincial superior courts hear the most serious indictable offences (e.g. murder).

33. Preliminary Hearing
This hearing is used to determine whether there is enough evidence to proceed to trial.
During this hearing, a judge hears a description of Crown evidence and some Crown witness testimony.
If there is not enough evidence to justify a trial, all charges against the accused are dropped.
The Crown must establish a prima facie case— justification for a trial.

34. Resolution Discussions
These discussions occur between the Crown and defence before a trial begins in an attempt to resolve the case without going to trial.
This often involves an accused person pleading guilty to a lesser charge or agreeing to a lighter sentence than he or she might receive if convicted in a court of law.
A plea negotiation, also commonly known as a 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.