Mock Trial Quiz P1

1) Can the police force an accused to answer questions?

No, the police cannot force the accused to answer questions. Section 7 of the Charter guarantees the arrested person the right to remain silent. The police must give the suspect the chance to “make a free or meaningful choice” about whether to speak or remain silent.

2) What is the primary purpose of an interrogation?

To obtain information and the truth through developing a trusting relationship with the suspect.

3) What is the difference between being arrested and being detained?

Arrest refers to legally depriving someone of liberty by seizing or touching the person to indicate the they are in custody, while detention is legally depriving a person of liberty for the purpose of asking questions with or without restraint.

4) For an arrest to be justified, the police require…

Reasonable grounds. They must have some proof that an offence has been committed, and reasonable grounds for suspecting that the person they wish to arrest was the offender.

5) Briefly explain the 3 methods of apprehending an offender available to the police.

Three methods of apprehending an offender include:
- Appearance notice: A legal document issues for less serious offences, compelling an accused person to appear in court.

- Arrest with a warrant: A written court order directing the arrest of the suspect.

- Arrest without a warrant: Possessing reasonable grounds to suspect a person, find the person in the act of committing a crime, and the person is named on an arrest warrant.

6) Can a citizen make an arrest?

Yes, a citizen can make an arrest but must be turned over to a peace officer afterwards. The person must have reasonable grounds and finds the suspect committing an indictable offence, as well as the person must be in lawful possession to be able to arrest.

7) What are the general rules governing a police search of a person and place?

They include a warrant before conducting a search, the arrest must be lawful, the search must be connected to the lawful arrest, and the manner of the search must be reasonable. For search of place, they include limits to where and how the police can search, and they cannot destroy property unless they need to. The police can search only for evidence that is listed in their warrant, and they can look only in places where they might find the evidence.

8) Identify 4 legal procedures available to the police to ensure an accused will appear in court.

They include signing a promise to appear (a signed agreement that an accused person will appear in court at the time of the trial), a recognizance (a guarantee that the accused will appear in court when required under the penalty of a fine up to $500), surety (a person who agrees to make a payment if the accused does not appear at trial), and bail (the temporary release of an accused who posts money or some other security).

9) What legal option is available to an accused person who has been unlawfully detained?

They may file a writ of habeas corpus to appeal the bail refusal to a lighter court.

10) Why are discharges considered the most lenient type of penalty?

Because they are granted for a minor or first-time offence that does not carry a minimum sentence and for a penalty less than 14 years.

11) What is the difference between an absolute and conditional discharge?

Absolute discharge refers to releasing a convicted offender and erasing the criminal record after one year, while conditional discharge is releasing a convicted offender under certain terms and erasing the criminal record after three years if terms are met.

12) Briefly explain how probation works.

It is a sentence that allows a convicted offender to prove that they are able to live in a community without committing another offence where they are under supervision and subject to certain restrictions, and they must comply with a specific set of conditions to prove they will not reoffend. Otherwise, this can lead to facing additional additional terms or the probation may be revoked.

13) What is a suspended sentence?

It is a judgement that is not carried out, provided certain requirements are met. They are only imposed for offences that have no minimum punishment required and are usually given for first-time or minor offences that the sentence can keep the offender in line.

14) What is the difference between an intermittent and conditional sentence?

Intermittent sentence is a sentence served on weekends and at night, while conditional sentence is a prison sentence that can be served in the community with strict terms attached.