Introduction to Policing Final

When was the criminal code first enacted

1892

What does the criminal code do

Gives the Federal Government exclusive jurisdiction to legislate criminal offences in Canada

How does the criminal code do that

Defines what a criminal offence is, establishes kind and degree of punishment that may be imposed for an offence, defines the procedures that must be followed for the prosecutions of an offence

Why is the criminal code important

Police have to understand what powers and authorities they have in certain situations, the public has an expectation that police are knowledgeable and effective

Types of offences in Canada

Summary conviction, hybrid/dual procedure offences, indictable offence

Mens rea

Guilty mind (intent)

Actus Rea

Guilty act (physical act)

Assault

a person commits assault when; they apply force intentionally to another person without their consent, attempts or threatens someone by an act or gesture to apply force to another person or causes that person to believe they will, openly wearing or carrying a weapon 

What does the criminal code not do

Deal with civil or family court issues, not contain offences that were created by common law

Precedent

Requires courts to follow legal rules, established in previous cases with similar decisions

Arrest

Taking a person into custody to hold or detain them, in relation to an offence or criminal matter

Arrests invlove

Deprivation of a person’s liberty by legal authority, and extends the entire time that the person is detained

What section of the criminal code is Power of Arrest

495

What are reasonable grounds

State of circumstances would reasonably lead an ordinary person to believe that the person charged was probably guilty of the crime committed 

Limitations on power of arrest

Peace officer cannot arrest without a warrant, offence in which person may be prosecuted by indictment or punishable summary conviction

PRICE

PUBLIC interest, REPETITION, IDENTITY, COURT, EVIDENCE

Risks of unlawful arrest

Evidence excluded, civil liability lawsuits, professional discipline, damage to public trust, criminal charges

Arrest vs Detention - Arrest

Reasonable grounds, take into custody, formal deprivation of liberty, physical custody, requires charter rights to be given

Arrest vs Detention - Detention

Reasonable suspicion, investigate, temporary restriction of liberty, physical or psychological restraint, requires charter rights to be given in most situations

Who can make changes to the criminal code

Federal parliament

Summary conviction

Less serious/ lower penalty. Max penalty 6 months in prison & 5,000 fine

Hybrid/dual

2 years in prison

Indictable offence

Life sentence

Can officer be disturbed

No