Chapter 4 questions in Law 12 text

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Chapter 4


Bringing the Accused to Trail

1. Outline in detail the three options available to police when it is believed that an offence has been committed.

Appearance Notice- document that indicates the offence which the accused is being charged, and gives the time and place of his or her court appearance. deprive a person of his or her liberty by legal authority so that he or she may answer to a criminal charge.

Warrant for Arrest- a document issued by a justice or judge to peace officers of a territory giving them the right to arrest an accused and bring him or her before the court.

2. What is the purpose of an arrest?

To lay a charge, preserve evidence, and prevent the accused from committing a further offence.

3. a) How much force may an officer use when making an arrest?

If the accused resists arrest, a police officer can use as much force as is necessary to prevent an escape.

b) What liability is associated with the use of excessive force?

Criminal liability.

4.a) In what circumstances may an officer make an arrest?

An officer must determine that an offence has been committed and have reasonable grounds to believe that the suspect committed the offence.

b) What could happen if these circumstances do not exist?

The judge can refuse to issue a summons or a warrant.

5. Describe the circumstances under which a citizen (a) may make an arrest and (b) is obliged to help make an arrest.

a) A person whom he finds committing an indictable offence;

or a person who, on reasonable grounds, believes has committed a criminal offence,

or is escaping from and freshly pursued by persons who have lawful authority to arrest.

b) If a citizen is commandeered by...