Ch. 7 Bringing the Accused
to Trial
Part 1 – From Crime Scene to Arrest
At the Scene of the Crime
 Officers arriving at a crime scene location
 Call an ambulance and assist injured people
 Call in reinforcements to eliminate hazards ex. fires,
unexploded bombs
 Thorough search even if witnesses say suspects have
left, to ensure safety.
4 Officers’ Roles at a Crime
Scene
1.
“Patrol Officer” usually the first to arrive. Secure the crime
scene to ensure evidence will be uncontaminated, initial
interviews, arrest if crime is in progress.
2.
“Scenes of Crime Officer” collect and preserve evidence.
Photographs, lift fingerprints, foot and tire impressions,
blood and hair. Less serious crimes.
3.
“Criminal Identification Officer” searches serious crime
scenes for physical evidence, gathers and analyzes it, sends
to the lab for analysis.
4.
“Criminal Investigations Bureau Officer” plainclothes
detective with a specialty ex. homicide, robbery. Supervise,
interviews & interrogations, draw conclusions, and arrest
suspects.
Police Duties
 Police Log
 Each officer writes what they witnessed or learned from
questioning. These are helpful for trials which may not
happen for a while.
 They document their daily activities.
 Police conduct
 Has rules, and they can be charged criminally or sued
civilly if they break them.
 Criminal Code section 25 requires officers to be acting “on
reasonable grounds… and in using as much force as is
necessary for that purpose”.
Questioning the Accused
 Suspects have the right to remain silent (charter Section
7) but most people want to help the police solve the
crime. Looks suspicious?
 For the police to obtain the truth, the best way is to
develop a trusting relationship with the suspect.
 Start with open-ended, non-threatening questions “Tell
me what happened”. Later ask closed questions “what
time was this” to get specific info.
 Detention – people can be detained (held) for
questioning without arresting ex. “you have to come in
to answer some questions.” They are to be informed of
their right to counsel.
Arrest
 Suspicion is not enough for an arrest
 Police must
1. determine that an offence has been committed
2. have reasonable grounds to believe the suspect did
it (“reasonable grounds” means information that
would lead a reasonable person to conclude they
did it)
Lawful Arrest
 Police must
1. identify themselves as police
2. advise them they are under arrest, and touch them
3. inform the accused of the charges (charter section
10a)
4. inform of the right to a lawyer (charter 10b)
 (sample speech on p. 191)
3 Choices for Apprehending
1.
Arrest without a Warrant – they just committed, are
committing, or about to commit an indictable offense
2.
Arrest with a Warrant – accused not present and
unlikely to come in, so police present a statement under
oath (“information”) to a judge, to write a warrant
ordering police to arrest
3.
Appearance Notice – For less serious offenses, gives a
document naming offence, and time/place for a court
appearance. Accused signs and receives a copy.
Citizen’s Arrest
 Rare
 Criminal code section 494 – suspect found
committing an indictable offense, is being pursued
by police, or if the offence is on or related to your
property
 Most common is a store detective or salesperson
arresting someone for shoplifting