POWERS OF ARREST QUESTIONS WITH COMPLETE

POWERS OF ARREST QUESTIONS WITH COMPLETE

SOLUTIONS

• duties upon detention - Correct Answers 1. Identify yourself as a police officer.
• Advise the detainee that they are under detention.
• 10(a) Advise the reason for detention.
• 10(b) Advise the detainee of the right to counsel without delay.
• duties upon arrest - Correct Answers 1. Identify yourself as a police officer.
• Take physical control.
• Advise that they are under arrest.
• 10(a) advise the reason for arrest.
• 10(b) advise the right to counsel without delay.
• If arrest with warrant provide a copy of it.

Why police arrest (4 reasons) - Correct Answers 1. prosecution

• keep the peace
• welfare
• process (administrative)
• common law duties - Correct Answers 1. Preserve the peace
• Prevent crime
• Protect life and property
• Enforce the law
• Apprehend offenders

Powers of Arrest s.495(1) - Correct Answers May arrest without warrant

• Has committed an indictable offence.
• RGB has committed an indictable offence.
• RGB About to commit indictable offence.
• Finds committing a criminal offence.
• Wanted on returnable warrant. 1 / 2

Release from custody by peace officer - Correct Answers 497 , 496 , 495(2)

• Police duties under charter - Correct Answers 1. Inform the person for reasons of arrest.
• Inform right to retain counsel.
• Allow opportunity to retain and instruct counsel.
• Inform them that they are not obliged to make a statement.

Civilian powers of arrest s.494(4 Steps) - Correct Answers 1. Finds committing an I.O.

• RGB has committed a Criminal offence or I.O.
• Fresh pursuit by property owner or agent finds committing
• Must be delivered forthwith to a peace officer

The 4 process on Arrest on Summary convictions NOT found committing - Correct Answers 1. Detain

• Investigate (gather facts)
• Release
• Compel to court (summons)

How to satisfy release (RICES) s.495(2) - Correct Answers 1. Repetition

• Identity
• Court appearance
• Evidence secured
• Safety of victims

RICES addresses two risks - Correct Answers 1. The Potential threat to public safety and

• The suspect's failing to appear in court

When can you fingerprint and photograph? - Correct Answers 1. Any person who is in lawful custody charged with an IO

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