1. Chapter 7

2. Arrest Appearance notice Arresting officers must:
Issued for summary convictions
Names the offence the accused has been charged with and time/date of court appearance
Arresting officers must:
Identify themselves
Advise the accused they are under arrest
Advised the accused what they are being charged with
Inform the accused of their right to a lawyer
Officers must read rights speech

3. Arrest (cont.) Warrant for Arrest Arrest by citizens
If the accused doesn’t appear with the summons, then a warrant for their arrest will be issued
Has name, lists offence(s), orders for the arrest
Arrest by citizens
Detectives and other citizens can make arrests
R. v. Macooh - pg. 192

4. Citizens Rights
Some being detained does not have to answer questions (few exceptions such as spot checks)
Someone arrested must “promptly” be informed of why they are being arrested and their right to a lawyer (including a duty counsel)
A person is not required to answer questions once they have asked for their lawyer (except necessary questions)
When read their rights, someone must truly understand them (Mental capacity)
Police have the right to search the accused upon arrest

5. Search Laws Search Warrant Search laws and rules Exceptions are:
Search a specific location, at a specific time, for a specific reason
Search laws and rules
Entering a home
Police can enter if refused entry or if no one is home using reasonable force
Using electronic equipment
Any monitoring device must ensure no harm to the person
Exceptions are:
Not a private residence when drugs are involved
Vehicles with illegal alcohol

6. Release Procedures Bail Reverse Onus Undertaking Recognizance
Money or security used to ensure accused appears at a later date
Reverse Onus
Accused must show why he/she should be released
Undertaking
Live up to conditions set by the court
Recognizance
The accused promises to appear in court at a certain date/time; may need to pay money for release

7. Fingerprints and Photographs
Someone charged with indictable offence may be fingerprinted and photographed

8. Awaiting Trial Legal Aid Disclosure Adjournment Preliminary hearing
If the accused cannot afford a lawyer; must be below social assistance levels/on social assistance
Disclosure
Crown/defence must reveal all evidence that each side has
Adjournment
Postpones court proceedings
Preliminary hearing
Judge decides if there is enough evidence to proceed with a trial; accused pleads guilty or not guilty (Plea)

9. Plea Deal/Plea Negotiation/Plea Bargaining
Accused stating they are guilty or not guilty
Plea Deal/Plea Negotiation/Plea Bargaining
Accused pleads guilty to a lesser charge or lesser punishment