Criminal Responsibility and Arrest Procedures

Criminal Responsibility and Arrest Procedures

Section 26: Criminal Responsibility

  • Focuses on criminal responsibility.

Criminal Force

  • Reference to "eight six zero force".

  • Mention of success and support in relation to criminal force.

Section 27

  • Use of force to prevent removal or information.

Reasons for Arrest (Criminal Code)

  • Two primary reasons for arrest:

    • Breach of the peace

    • Violence

  • Specific references:

    • 31 - Breach of the peace

    • 495

    • 730 1 - Breach of the peace

    • 490 4495

Witness and Good Faith

  • Arrest based on witnessing an event.

  • Arrest based on witness information (peace officer).

  • Acting in good faith based on a peace officer's information.

  • Reasonable grounds for calling the police based on witness information.

Arrest Procedure: Caution

  • First action after deciding to arrest someone: give a caution.

  • Rights to counsel:

    • Initial instance: Inform the person of their right to a lawyer without detailed explanation initially.

    • Offering a lawyer implies asking the person to incriminate themselves.

  • Caution: Initially, a simple warning to not say anything incriminating is sufficient.

Physical Altercations & Self-Defense (Section 34)

  • Disarming a peace officer and self-defense/defense of others.

Scenario in Jail

  • In cell blocks, inmates are already under arrest.

  • Potential reasons for further arrest within jail:

    • Fights

    • Assault

  • Section 34 of the Criminal Code:

    • Justification for using force in defense of oneself or others.

    • A person is not guilty of an offense if they use force in defense of themselves or others.

    • Using force to separate fighting inmates.

    • Section 34 provides a defense for actions taken.

  • Reasonableness in using force: Actions must be reasonable under the circumstances.

Clarification of Self-Defense

  • The right to self-defense and the defense of others applies regardless of being a peace officer.

  • Responses to threats (e.g., punches, pushes) should be addressed at a reasonable time; immediate arrest may not always be necessary.

  • Corrections Act and Hort Security Act provide authority similar to criminal code but are not necessarily used for arrests since inmates are in custody

New Charges for Inmates

  • Arresting inmates for new charges requires involvement of an external police agency.

  • Distinction between arrest and charges: The focus is on the arrest procedure.

Reasonableness of Force (Section 34 Clarification)

  • Acts committed in self-defense or defense of others must be reasonable.

    • Example: Shooting someone for swearing is not reasonable.

    • Example: Punching someone who is standing on your lawn, but not an immediate threat can open yourself up to criminal charges for assault.

Physical Control of a Subject

  • Physical control is complete when the person is secured.

  • Having physical control means that the person is not fleeing.

  • Physical control is not complete until the individual is secured.

Reason for Arrest and Severity of Offense

  • Always arrest for the most serious offense.

  • Example: Initially arresting for assault, but then the individual assaults a police officer.

  • The arresting officer hands over the arrested person to police, who may re-arrest for a more serious offense.

Rights to Counsel

  • Arrested person must be given rights and access to a lawyer without unreasonable delay.

  • Some delay is permissible based on circumstances.

  • After the individual is secured, re-address rights to counsel.

  • Rights must be read verbatim from a card to avoid legal challenges.

  • Record the time the rights were given in the notebook.

Waiver of Rights to Counsel

  • If the arrested person initially declines a lawyer, the offer must be repeated later, when prisoner is secured.

  • A waiver must be read to the person to ensure they understand their rights before denying access to counsel.

If Arrested Person Says Nothing

  • Efforts must be made to ensure they understand, especially if there's a language barrier. Reasonable attempt to try must be noted in the officer notebook, and recorded if possible.

  • Translation services can be used to communicate the waiver.

  • The importance of ensuring the person understands the waiver.

Arrests Under Judge's Orders

  • Example: Arresting someone under a judge's orders at a circuit point.

  • Acting in good faith based on the judge's order or a warrant.