Police Powers and Procedures
Per RCMP Regulations of 2041

Arrest

Arrests can usually be made without a warrant.

A police officer may arrest any person the police officer reasonably suspects has committed or is committing any offence if it is reasonably necessary for one or more of the following reasons:

to prevent the continuation or repetition of the offence
to establish the person's identity
to ensure appearance at court
to obtain or preserve evidence or prevent the fabrication of evidence
to prevent a person fleeing.

In the case of indictable offences a police officer may arrest an adult or juvenile person for questioning and investigation if the police officer reasonably suspects the person has committed such an offence.

A police officer may use as much force as is reasonably necessary to carry out an arrest. It is an offence to resist a lawful arrest, EVEN if the person being arrested is innocent of the crime of which he or she is being accused. The police have power to fingerprint and photograph anyone whom they have arrested.

A person's legal rights once arrested are:

to request bail
in the case of an indictable offence to communicate with a friend, relative or lawyer.

Detention of Persons for Questioning

A police officer may detain a person who is lawfully arrested for an indictable offence for a reasonable time to investigate or question the person about the offence for which the person was arrested.

The initial period of such detention is not more than 48 hours, of which not more than 12 hours can be used for questioning.

The initial period may be extended by a magistrate, but not for more than 8 hours of questioning.

Only a magistrate may extend the questioning beyond 12 hours. It may be the case that at the conclusion of an interview or investigation, a police officer may not consider that there is sufficient evidence to continue the proceeding even though the police officer still suspects the person committed the offence. It is then the duty of the police officer to release the person.

Persons who are refused bail, are in custody because bail has been revoked or are in custody under a sentence of imprisonment or detention order may be detained for investigation or questioning about any indictable offence they are suspected of having committed, without the above time limits.

Alternatives to Arrest

As an alternative to arrest the police may decide to proceed by way of Complaint and Summons. This procedure is usually adopted for simple offences or minor traffic offences.

Another alternative is a Notice to Appear. This is a simpler way to start or continue a proceeding against a person who is not a child that does not involve the delay associated with issuing a complaint and summons.

Particulars of a Notice to Appear are:

police officer can issue and serve a notice on a person stating the substance of the offence
the notice will require the person to appear before a Magistrates Court at a stated time and place at least 14 days in the future
a person may not be ordered to pay filing costs in the proceeding
if the person fails to appear the court may proceed in the person's absence or a warrant for arrest may be issued.

After a person has been charged with an offence they are either held in custody until they appear in court, or they may be released on bail which is a written commitment or promise (called an undertaking) to appear in court when required. There may be additional conditions imposed eg: payment of money (surety), reporting to police and staying away from the complainant.

Bail

Every person arrested or charged with an offence has the right to apply for bail which can be granted by:

the police watch supervisor at the station or facility to which the arresting officer is assigned.
the Magistrates Court (all except the most serious offences eg: murder)
the District Court, Superior Court, Court of Appeals, or Supreme Court.

Bail can be granted, varied or revoked at any stage of criminal proceedings.

When deciding whether to grant bail to a defendant the factors taken into account are:

the nature and seriousness of the offence
whether the defendant has a place to live
whether the defendant is employed
the defendant's character and background
whether the defendant has previous criminal convictions
whether the defendant has breached bail before
whether they are likely to appear in court
whether the defendant will endanger the safety or welfare of members of the public
whether the defendant will interfere with witnesses or otherwise obstruct the course of justice
whether the defendant is likely to re offend.

If bail is granted, the following conditions can be imposed:

reporting conditions where the defendant is required to report to a particular police station on certain days during specified hours
restricted or no contact between the defendant and the complainant or witnesses
financial conditions where the defendant must find a surety (either themself or a person over 18) who agrees to forfeit a sum of money if the defendant does not comply with the bail conditions . The surety must have sufficient assets to cover the amount of the surety and must not have criminal connections.
residence conditions where the defendant is required to live at a certain address and/or with a certain person
curfew for young offenders where they are not permitted to be out after a certain hour
non consumption of alcohol, drugs, or alcohol rehabilitation
conditional bail program if a child.

If the defendant fails to appear before the court or does not comply with bail conditions, then bail can be revoked and they may also be charged with breach of bail and can be arrested without warrant and brought before the court.

Entry and Search

The police have power to enter a place and stay for a reasonable time to inquire into or investigate a matter, eg

the entry may be for finding out if an offence is being or has been committed on the place
to find out if a person reasonably suspected of being involved in the commission of an offence is at the place
to find out if a missing person is in the place
to serve a document.

If the place is premises used exclusively for residential purposes, police may enter only with the consent of the occupier.

Police can still enter private property without the consent of the owner if authorized under a particular Act of Parliament. Some examples are:

to prevent domestic violence
to prevent violence or other breaches of the peace
to apprehend a person who has escaped from custody
for searches with a warrant
for searches without a warrant if they reasonably suspect evidence may otherwise be concealed or destroyed
to carry out an arrest
if they reasonably suspect a place is a crime scene or to reach a crime scene.

Search of Persons and Vehicles

Police may search a person or vehicle without a warrant where a police officer reasonably suspects that there may be on the person or in the vehicle:

an unlawful weapon or dangerous drug
unlawfully obtained or tainted property
an implement for housebreaking, stealing a vehicle or administering a dangerous drug
something intended to harm oneself or others
evidence of the commission of an indictable offence where the maximum penalty is at least 7 years imprisonment, that may be concealed or destroyed.
Police have a duty to protect the dignity of persons during the search.

If a police officer seizes anything, the officer must as soon as reasonably practicable give a receipt for the thing to the person from whom it is seized.

Seizure of Property

Police have the power to seize or photograph a thing suspected of being evidence of an offence if they lawfully enter premises (see Entry and Search) or are in a public place. If the police seize anything, they must as soon as practically possible after seizing it, give a receipt to the person from whom it was seized or the occupier of the premises. Within 28 days of the property being seized the police must apply for an order from a magistrate or justice of the peace, authorizing the police to either retain the property until the criminal proceedings are complete, or to dispose of or destroy the property.

Police must return seized property to the owner if it is no longer required as evidence and it is lawful for the person to have possession of it.

Fingerprints & photographs

In most cases police have the power to take fingerprints and photographs of the arrested person. Use of "reasonable force" is allowed.

Medical examination

Samples of blood, saliva, and hair and dental impressions can be taken only if :

a person gives their written consent, or

it is ordered by the court, in which case reasonable force can be used.

Identification Parades – “Line Ups”

A person is not obliged to take part in an identification parade unless it is ordered by the court, in which case reasonable force can be used. Due diligence MUST be used by the police to provide plausible, non-prejudicial individuals for comparison purposes.

Handwriting samples

Generally a person is not obliged to provide a handwriting sample, unless it is ordered by the court, in which case reasonable force can be used.

General Questions and Answers

Can a person in a police facility lockup receive visitors or a change of clothes?

Visits are at the police facility lockup supervisor’s discretion. A change of clothes will be passed on to the person in custody.

How long can a person be kept in custody?

A person recently arrived and denied bail must be taken before a court at the earliest possible time. If the court denies bail, then the person will normally be taken to a remand center to await a hearing.

Alternatively the person can plead guilty and have the charges dealt with if the magistrate is able to deal with them. Usually a person is in a watch house for no longer than a few days.

Move On" Powers

A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances. A direction may require a person to leave an area and not return within 24 hours. The police officer must tell the person the reasons for giving the direction.

This power applies where a person's behavior or presence is:

causing anxiety to a reasonable person at the place
interfering with trade or business at a place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place
disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place
behavior is disorderly, indecent, offensive or threatening to someone entering, at or leaving the place.

This power applies to places such as shops, child care centers, pre-schools, licensed premises (any facility that serves alcohol to the public), railway stations and railway land, airports, and a place where unlawful soliciting for prostitution is occurring.

The power also extends to covering special events such as coronations, and similar events as declared by the local executive official.

Name and Address

Police can require a person to state correct name and address if the police officer:

finds a person committing, or reasonably suspects a person has committed an offence
reasonably suspects a person is a witness to an indictable offence
is attempting to execute a warrant or serve a summons or other court document

A police officer can require supporting evidence if it is reasonable in the circumstances. A police officer must warn the person it is an offence to fail to state the person's correct name and address.

A person is not obliged to go to a police station to answer questions unless they have been arrested. Police have the right to question any person, but the person being questioned is not obliged to answer except:

to provide their name and address
to produce a drivers' license for traffic offences or accidents
to identify a driver who was driving at the time an offence was committed unless that answer will incriminate the person answering
to provide date and place of birth where the police are investigating a drug matter and they are a suspect, or have been detained for search.

If a person is arrested and does not give their name or address, this may result in a refusal of bail by the police.

Standard Safeguards

A person under investigation or questioning for any offence has a right to remain silent unless required to answer by or under any Act, eg Name and Address.

Before a police officer starts to question a person in custody for an indictable offence, the officer must inform the person of the right to communicate with a friend, relative or lawyer. The police officer must facilitate such communication. The police officer must delay the questioning for a reasonable time to allow the other person to arrive.

Special provisions apply to juveniles (under 13) for indictable offences. Police must inform the child of the right to communicate with a friend, relative or lawyer. Before questioning starts the child must be allowed to speak to an interview advocate, and the interview advocate should be present during questioning.

Police Facility Lockup Procedures

After arrest a person is taken to a police facility where there is usually a lockup. Police have power to search a person and their clothing and personal effects. Police have power to seize property from an arrested person. A receipt should be given.

The lockup facility supervisor must then decide whether to admit the person to cash bail, ie the person pays the amount required and is released forthwith. Cash bail is usually granted for minor offences or street offences. If cash bail is granted, then an appearance in court the following day is not required. the person can simply choose not to appear and forfeit the cash bail. No conviction is recorded.

Or the lockup facility supervisor may grant bail on the person's own recognizance. In this case, an appearance in court is necessary.

Or bail may be opposed, and the person is kept in custody overnight and taken to the court the next morning where the arrested person or his representative can make an application for bail to the magistrate.

Law and Order Page

Police Powers and Procedures Per RCMP Regulations of 2041