Bringing the Accused Before Court: Summary

  • Bringing the Accused Before Court

    • Overview of Investigative Procedures
    • Opportunity to Investigate: Procedures when officers wish to charge a suspect based on investigations.
    • No Opportunity to Investigate: Procedures for spontaneous criminal situations.
      • Steps:
      1. Identification
      2. Search and Seizure
      3. Investigative Detention
      4. Use of Line-Ups, Breathalysers, Surveillance

  • Forms Used in the Process

    • Information (Form 2): Officer lays information swearing the belief that an offense has been committed.
    • Summons (Form 6): Ordered court appearance.
      • Requires personal delivery to the Accused.
      • Bench Warrant issued for failure to appear.
    • Arrest Warrant (Form 7): Directs police to arrest an identified suspect.

  • Key Steps for Issuing Warrant

    • Justice examines officer's information for reasonable grounds (ss 507(1), 788(2)).
      • An arrest warrant is typically reserved for serious offences.

  • Arrest Without Warrant (s 495)

    • Police may arrest without warrant if:
    • Reasonable grounds exist for an indictable offence.
    • The person is found committing an offence.
    • Executable warrant exists.
    • Officers encouraged to avoid warrantless arrests for less serious offences.

  • Appearance Notice (Form 9)

    • Issued when officers lack grounds for arrest without a warrant.
    • Must specify court appearance details.

  • Citizen’s Arrest

    • Allowed under specific conditions (s 494).
    • Must not use excessive force and turn over the accused to police quickly.

  • Private Informations

    • Citizens can apply to lay information for arrests under certain conditions (s 507.1).

  • Conditions of Release

    • Justice can impose various conditions to ensure safety and compliance before the trial.
    • Sureties may be required to supervise the accused.

  • Bail Hearings

    • Occur to determine release conditions. Grounds include ensuring the accused attends court and public safety.
    • Certain offences result in reverse onus for the accused during bail hearings (s 515(6)).

  • Review and Amendments

    • Orders at bail hearings can be challenged or reviewed if conditions are deemed unfair.