Arrest With Warrant - Lecture Notes PDF

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Arrest With Warrant Arrest Warrant: an arrest with warrant is “an arrest with judicial authorization”  S 512 CC – justices can issue arrest warrants if necessary in the public interest  SS 513-514 CC – order all any peace officer within the issuing province territory that they must arrest Arrest warrants: custodial compelling documents By issuing a warrant, a JP or judge forces the 1. Arrest of an accused 2. 2. Accused appearance in court S493 CC – Form 7: only acceptable document used as an arrest warrant There’s only one “Warrant for Arrest” but there are two different ways or “streams” by which they can be arrived at: 1. Warrant in the First Instance -RG exist to believe accused commit crime -Investigating police officers cannot locate accused to arrest -Police must prove RG to the issuing justice -PIN must be proven by police 2. Bench Warrant -Accused fails to attend court after being ordered to do so -Issued by a Justice (from the bench) -Public Interest Needs (PIN) exists Bench Warrant: from the judge – from the bench (fail to appear) Warrant in the First Instance: requested by the police – a police officer feels that it is important for the person to be brought in An arrest warrant in the first instance is NOT automatically issues nor granted to police on request  An application & ex parte hearing are compulsory  Same process for adults and young persons Exparte Hearing: from one side (missing one person) Arrest Warrant:  Arrest warrant in the first instance is issued for an offender who has committed an indictable, hybrid or S/C offence  An arrest warrant in the first instance is NOT automatically issues nor granted to police on request -An application & ex parte hearing are compulsory -Same process for adults and young persons A Warrant in the First Instance cannot be issued until an Information is completed  An arrest in the first instance communicates to police officers throughout the country the existence of R.G. for arresting someone  CPIC: Canadian Police Information Centre The legal justification (reason) for issuing warrant must be included on it 9 possible reasons exist and are listed on the warrant as reasons a –  A: constitutes an arrest warrant in the first instance  B-i: categorized as bench warrant

Things to Consider  Arrest with warrant is time consuming paperwork  However, if an arrest warrant exists, it can be added to CPIC “wanted” Police worldwide can know about it  If a warrant does not exist, only a limited number of offences will be aware that the offender is wanted/that RG exist Failing to Appear in Court: failure to appear in court creates two issues for the accused 1. Failure to answer to the original charge, AND… 2. Committing a new offence? Section 145 CC – failure to appear Bench Warrant  A new charge of failing to appear is added to the accused original charge(s)  New Form 2 information NOT required  Bench warrants (BW) are NOT atomically issues  Crown must request and establish reason for BW Justice can refuse crown’s request – rarely happens If justice issues Form 7, the original compelling document is “quashes” (made void) Jurisdiction  Valid in the issuing province/territory  More justices have authority to act anywhere in the province where they are appointed  A warrant is not valid outside of the province/territory (territorial jurisdiction) where it was issues  Canada-Wide means that the police service charging the accuses is prepared/permitted to travel anywhere in Canada to arrest the accused and return him/her  Big difference is that they’re issued by Superiour Court judges and are valid anywhere in Canada – don’t require endorsement  Rare  Most arrest warrant are NOT Canada-wide  Most are valid within the province where they were issues (PCJ) Radius:  Means the max distance the crown attorney will pay for police to travel to return an offender with an outstanding warrant  Costs are paid by the crown’s office in the location where the offence took place  Size of radius depends on severity of offence and desire for the crown to pay for the return of the accused Endorsement  What if an accused leaves the province but is found but police in another province? According to S 514 CC, warrant that are not Canada-wide are to be executed in the province/territory of issue  CC Form 28 allows for an application before a justice in another province (jurisdiction) to endorse the warrant for use in that province The signature of the original issuing Justice is proven by: 1. Verbal testimony under oath OR 2. Affidavit Executing an Arrest Warrant in Another Province  Form 28 (endorsement of warrant) must be presented to a justice in the province where the offender if found  Arrest powers come from CC 495 (1)(a) RG that person “has committed” an indictable offender

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Offender appears before a Justice in the jurisdiction where the arrest was made The accused may be detained for 6 days while the original warrant is transported from the issuing province (CC503) Police must prove need for the detention in order for this to occur

Failure to Appear in Court  For SC offences, first court appearance, accused can have someone to appear on their behalf  For indictable and hybrid offences, the accused must attend first court appearance in person  If an accused person misses a court date then a bench warrant can be issued Executing an Arrest Warrant  Police MUST arrest accused immediately if they are located  The police officer also has a duty to give notice to the person he/she is arresting of the: -Warrant under which he makes the arrest; OR -The reason for the arrest Arrest Warrants: Time Limits  May be executed anytime, anywhere  Arrest warrants remain, valid in force, until the warrant is executed and the accused is arrested or the information is revoked by the crown Possession and Production  Section 29, criminal code: once warrant issued, the arresting officer must tell the accused about it, and produce it if request, if it is feasible to do so: -Applies to all types of warrants – arrests, search, production order  Possession is mandatory  Production is conditional Summary  Arrest warrant represent a judge’s permission for police to find and arrest an accused and bring the person before the court  Arrest warrants issued to police are known as warrants in the first instance  A bench warrant is an arrest warrant for a person failing to attend court  Arrest warrants can have various radii but generally, are valid only in the jurisdiction where they’re issued or endorsed (unless Canada-wide)...