Mr. Aldunate
The Arrest
Arrest- Touching with a view to detention and/or using words of arrest to which a
suspect submits
• May take place with or without a warrant
•
usually by police officers (some circumstances – citizens)
•
police officer must have "reasonable and probable grounds" to believe the
person has committed an offence or is attempting to break the law.
•
must be based on more than suspicion, but the police are not expected to have
proof of guilt before taking a suspect into custody.
•
actions of police must not violate a person's rights (to be safe from arbitrary
detention and unreasonable searches)
•
If arrest is justified and conducted properly, a suspect who struggles or refuses to
cooperate could be charged with resisting arrest.
•
police must inform those arrested of the charges they face and to allow them an
opportunity to speak to a lawyer. Police must provide the names of state-funded
lawyers who are on-call to provide legal advice to those in custody.
The right to silence
From the moment of arrest, the Charter gives every citizen accused of a crime the right to
remain silent. This all-encompassing right means a suspect is never required to answer
questions, give a statement to police, justify her actions, testify in court Persons placed
under arrest are required to provide only their name and address. If they voluntarily
provide additional information, it can be used as evidence against them in court. The right
to silence reflects other fundamental principles of the criminal justice system - the
presumption of innocence as well as the requirement that the Crown prove guilt while
defendants are not obliged to prove their innocence
The Arrest
Arrest- Touching with a view to detention and/or using words of arrest to which a
suspect submits
• May take place with or without a ______________
•
usually by _____________________________________________________
•
police officer must have ______________________________to believe the
person has committed an offence or _______________________
•
must be based on more than _____________, but the police are not expected to
have _____________________ before taking a suspect into custody.
•
actions of police must not violate a person's rights _________________________
__________________________________________________________________
•
If arrest is justified and conducted properly, a suspect who struggles or refuses to
cooperate could be charged with ____________________________
•
police must inform those arrested of the charges they face and to allow them an
opportunity ____________________________________. Police must provide the
names of state-funded lawyers who are on-call to provide legal advice to those in
custody.
The right to silence
From the moment of arrest, the Charter gives every citizen accused of a crime the right to
remain silent. This all-encompassing right means a suspect is never required to answer
questions, give a statement to police, justify her actions, testify in court Persons placed
under arrest are required to provide only their name and address. If they voluntarily
provide additional information, it can be used as evidence against them in court. The right
to silence reflects other fundamental principles of the criminal justice system - the
presumption of innocence as well as the requirement that the Crown prove guilt while
defendants are not obliged to prove their innocence