Arrest, Release, Detention & The Calgary Police Service. A/S/Sgt. Dunn #3632 & Cst. Sorochan #4691

Transcription

1 Arrest, Release, Detention & The Calgary Police Service A/S/Sgt. Dunn #3632 & Cst. Sorochan #4691

2 S. 495 Arrest without warrant (1) A peace officer may arrest without warrant a) A person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; b) A person whom he finds committing a criminal offence; or c) A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

3 Form 7 & Form 21 Warrants

4 S. 496 & S. 497 S.496 provides a mechanism for the release of a person by way of an Appearance Notice under certain circumstances This is known as a Field Officer Release S. 497 directs that a peace officer MUST release as soon as practicable unless there is a RICES concern

5 Considerations R.I.C.E.S Repetition Identification Court Evidence Safety

6 Contact with police Evaluate circumstances Fresh offence Warrant Evaluate form of release As per the Criminal Code As per ordered in the Warrant The warrant reads This is, therefore, to command you, in her majesty s name, forthwith to arrest the said accused and to bring him before me or any other justice of the peace in and for the province of Alberta, to be dealt with according to law.

7 RELEASE DETAIN R.I.C.E.S. Not met For process: JIRH Transport CSS Types of Field Officer Release As per Order: Warrant of Committal Transport CRC

8 Field Officer Release Summons Appearance Notice Form 9 If a police officer is satisfied with RICES, provided that the offence is a summary conviction offence, a hybrid offence, or an offence found in section 553 of the Criminal Code of Canada).

9 Field Officer Release Promise to Appear (P.T.A) Form 10 The officer in charge of the place the accused is being held in custody can issue a promise to appear. This is very similar to an appearance notice P.T.A with undertaking Form 11.1 The accused can enter into an undertaking to an officer in charge to abide by certain conditions while they are on a release. An undertaking is entered into in addition to any other type of release before an officer in charge. An undertaking can have one or more of the following conditions:[8][9]

10 Conditions 11.1 undertaking to remain within a territorial jurisdiction, to notify the officer of any change of address, employment, or occupation, to abstain from communicating directly or indirectly with certain individuals, to abstain from attending certain locations, to deposit their passport, to abstain from possessing any firearm and to surrender any firearms licenses, to report at certain times to the police, to abstain from the consumption of alcohol or other intoxicating substances, to abstain from the consumption of drugs except in accordance with a medical prescription, and to comply with any other condition the officer in charge considers necessary to ensure the safety and security of any victim or witness. Failure to comply with the undertaking is a criminal offence (Sec )

11 Detention (process) The Canadian law of bail originates from the British legal tradition (see main article: Bail In England and Wales). The first major Canadian legislation with respect to bail was in the criminal legislation package of 1869; in that law, the federal government made bail discretionary for all offences. This provision was subsequently subject to much judicial interpretation, but the next major statutory change to bail in Canada was the 1960 Canadian Bill of Rights which provided for a "right to reasonable bail" in s. 2(f); this provision was subsequently used by the courts to rule, for the first time, that the Extradition Act included a right to bail. In the early 1970 s, the procedure for granting bail in Canada was completely revised by the Bail Reform Act. This act placed the onus for justifying an accused detention on the prosecutor, gave police new powers to release persons charged with an offence prior to their coming before a justice, and created detailed procedures for bail reviews. In 1982, the Canadian Charter of Rights and Freedoms enshrined the right to bail in the Canadian constitution; s. 11(e) stipulated that "any person charged with an offence has the right... not to be denied reasonable bail without just cause". This was subsequently used by the Supreme Court of Canada, following decisions by the Quebec Court of Appeal, to strike out bail provisions of the Criminal Code of Canada which the court deigned to be excessively vague in R. v. Morales

12 JIRH : Bail Hearing Under the Canadian Charter of Rights and Freedoms, any person charged with a criminal offence is "not to be denied reasonable bail without just cause." This means that everyone has a right to be considered for bail and that no one is automatically detained in custody until a trial can be held for his or her criminal charge. Except in special circumstances, you must be granted a bail hearing within 24 hours of your arrest. You may be required to appear in person or by way of teleconference or telephone. In certain situations, the bail hearing may be adjourned (delayed) for up to three days. While it is not necessary for you to be represented by a lawyer at your bail hearing, it is advisable, especially for serious charges or when the Crown is seeking detention.

13 Criteria Primary Grounds Secondary Grounds Tertiary Grounds

14 Primary Grounds Primary grounds refers to whether detention is necessary to ensure the accused's attendance in court. Considerations include the accused's criminal history, their behaviour in the matter before the court, their connections (or lack of) with the jurisdiction, and the type of offences before the court.

15 Secondary Grounds Secondary grounds refers to whether detention is necessary for the protection or safety of the public. This includes whether there is a substantial likelihood the accused will commit a further offence or interfere with the administration of justice

16 Tertiary Grounds Tertiary grounds refers to whether detention is necessary to maintain confidence in the administration of justice, and is generally reserved for very serious offences. The four factors to consider are: the apparent strength of the prosecutor's case, the seriousness of the offence, the circumstances surrounding the offence, including whether a firearm was used, and if found guilty, whether the accused is liable to a potentially lengthy term of imprisonment, or if a firearm was involved, faces a minimum of 3 year of jail

17 Burden of proof Generally, the prosecutor has the burden to show on a balance of probabilities why the accused should be detained. However, the accused has the burden to show why he or she should be released if they are charged with the following offences that fall under Reverse Onus

18 an offence committed while at large on a release, an offence committed at the direction or in association with a criminal organization, a terrorism offence, certain offences under the Security of Information Act, a weapons trafficking offence, certain violent offences (including attempted murder) where a firearm was used, an offence that involved a firearm, crossbow, restricted weapon, or prohibited weapon while under a weapons prohibition, any offence if the accused is not an ordinary resident of Canada, an offence of failing to comply with release conditions or failing to attend court, or certain offences under the Controlled Drugs and Substances Act that carry the possibility of a life sentence

19 Types of Releases If the court is satisfied that the accused should be released because the accused has overcome the burden of proof or shown cause why they should be released, there are a number of options available: Form 12 Undertaking Form 32 NDOR (no deposit on recognizance) Form 32 Cash Form 32 Surety (named or unnamed)

20 Court Service Section

21 Court Services Section Located at Ave SE Old Police administration building Building built in 1950 s Located on the 3 rd floor since the 1980 s The cells are part of the old remand

22 Court Services Section 20 cells in total 3 Observation cells 3 Youth male cells 2 Medical cells 2 Discretionary cells/ Youth female 3 Adult female cells 4 Adult male cells 2 Isolation cells Cell #14

23 Court Services Section Observation Cells Primarily used for intoxicated males No benches No min/ max time Highly visible location

24 Court Services Section Female Observation Addition of a toilet Capacity 4-5

25 Court Services Section Youth/ Female Cells Male Cells

26 Court Services Section Isolation cells Restraint

27 Court Services Section

28 Care in Custody

29 Care in Custody Paramedical services The Lifestation Suicide prevention Zero tolerance on youth intoxication Duty Sergeant and a team approach

30 Paramedical Services 24 hour paramedical coverage One of the few agencies in Canada that currently has this level of medical assistance in Police cells Highly experienced paramedics Every body gets a medical upon arrival Some are re-assessed regularly based on their medical needs Full medical emergency equipment that would be found in any ambulance 2 medical cells for closer observation Paramedic manages the administration of a prisoner prescription medication whilst in cells Ability to sedate in extreme circumstances

31 Care in Custody Cell #7 Cell #8

32 The Lifestation 3 areas have monitoring: CSO Lifestation, Duty Sgt. Desk, & medic CSO Lifestation is the main monitoring area. It is never un-attended 2 CSO s partner up to conduct 1 hour shifts on the Lifestation Every 10 minutes every cell and every body in custody is checked The CSO s will swipe their cards at specific readers around the cell range Lives have been saved

33 The Lifestation

34 Suicide Prevention Critical area of the CSS operation Staff have to be alert to risk factors & a persons behaviour or circumstances

35 Suicide Attempts The most common method used in an attempt is ligature Always clothing used: socks, shirts, trousers, bra s Most are intoxicated when attempt occurs

36 Suicidal Ideations Every suicidal ideation is taken seriously The ideation can be made to anybody, arresting officer, medic, CSS staff, & family members An assessment of the situation occurs between the medic and the Duty Sgt. Prisoners are escorted to hospital on an Alberta Form 10 Mental Health Warrant We maintain continuity of the prisoner until they are cleared from hospital We require the Doctor to complete a medical clearance We track all ideations on our booking system and flag the person with an alert Suicidal Ideation Package

37 Future Prevention

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39 Clientele & The Revolving Door

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41 877

42 Intoxicated Persons 2012

43 Top 10 offences Criminal Breach of Recognizance & Undertakings S.145(3) & 145(5.1) Fail to Appear Court & Fingerprinting S.145(5),145(2)(A), 145(5) Assault S.266 Possession of Drug 4(1) CDSA Possession Drug for Purposes of Trafficking 5(2) CDSA Weapon Dangerous to Public S.88(1) Obstruction S.129(A) Possession of Stolen Property S.355 Breach of Probation S.733.1(1) Breach of Youth Sentence Order S.137 YCJA

44 Top Provincial & Municipal Public Intoxication S.115(1) GLA Public Consumption S.89(1)GLA Fail to Produce Transit Ticket 9(a) & 9(b) Bylaw 4M81 Offensive Behaviour on Transit S.14 Bylaw 4M81 Loitering S.6(1) 54M2006 Panhandling 3M99 Urinate/ Defecate in Public S.4 54M2006

45 The Revolving Door

46 Raymond & Cindy Raymond 30 Years Originally from Ontario Arrived in Calgary in 2005 No longer able to get a lawyer 97 criminal charges, 5.14 Years 56 for 145(5.1)CC, 28 months 164 Violation tickets issued $26,211 in fines 82 or $9,425 for alcohol Currently remanded for arson Cindy 51 Years CPS first aware in 2002 Chronic alcoholic Unable to diagnose mental health issues 56 criminal charges 23 Theft & Mischief All others for breach of conditions June 2012, 170 warrants 1673 Violation tickets issued $290,187

47 What s going wrong?

48 Education of Calgary Police Service officers Promotion of the Calgary Mental Health Diversion Program A change in how we look after those that are intoxicated Mental Health Court Greater access to social assistance and other agencies Coordinated effort to address the root causes of the problems in society A non judicial system approach