MANUAL RESPECTING THE AUTHORITY AND DUTIES OF PEACE OFFICERS IN RELATION TO ARREST AND PRE-TRIAL RELEASE AND DETENTION OF ACCUSED PERSONS

• NCJ Number: 53345
• Author(s): ANON
• Date Published: 1971
• Length: 26 pages
• Corporate Author: Information Canada
• Sale Source: Information Canada
• Language: English
• Country: Canada

Annotation

THIS MANUAL FOR CANADIAN PEACE OFFICERS DISCUSSES THE NEW CRIMINAL CODE PROVISIONS REGARDING ARREST, PRETRIAL RELEASE, AND DETENTION THAT EMPHASIZE AVOIDANCE OF UNNECESSARY ARREST AND DETENTION.

Abstract

THIS MANUAL OUTLINES THE PROVISIONS REGARDING ARREST WITHOUT WARRANT, LIMITATIONS ON THE PEACE OFFICERS ARRESTING POWER, MANDATORY RELEASE OF DETAINED PERSONS, CONDITIONAL RELEASE OF DETAINED PERSONS, RELEASE OF PERSONS ARRESTED WITHOUT A WARRANT, AND POLICE APPREHENSION OF PERSONS WHO FAIL TO APPEAR IN COURT. EXAMPLES OF ARREST AND RELEASE SITUATIONS ARE PRESENTED TO ILLUSTRATE POLICE DECISIONMAKING GUIDELINES AT THE TIME OF ARRESTING OR RELEASING PERSONS, AND LIABILITY OF POLICE FOR THEIR DECISIONS. IT IS STRESSED THAT THE OFFICER, IN MAKING THE DECISION WHETHER OR NOT TO ARREST OR DETAIN IN CUSTODY, SHOULD CONSIDER NOT ONLY WHETHER THE PERSON WILL VOLUNTARILY APPEAR IN COURT TO ANSWER THE CHARGE BUT WHETHER ARREST OR DETENTION IS NECESSARY TO ESTABLISH THE IDENTITY OF THE PERSON, SECURE OR PRESERVE EVIDENCE OF OR RELATING TO THE OFFENSE, OR PREVENT THE CONTINUATION OR REPETITION OF THE OFFENSE. IF THESE FACTORS ARE NOT PRESENT, THEN THE POLICE OFFICER SHOULD CONSIDER RELEASING THE PERSON. SAMPLE FORMS FOR APPEARANCE NOTICE AND AFFADAVIT OF ISSUE OF APPEARANCE NOTICE ARE INCLUDED ALONG WITH A CONCORDANCE TO SECTIONS AND REFERENCES OF THE BAIL REFORM ACT. (DAG)