CRM2300- SEPTEMBER 28 -MISSED FIRST 10 MINS OF CLASS: Role of police: 1.

To initiate court proceedings ( to get people to court for a trial) Criminal trial: 1. Initiation a) arrest 2) bail 2. Adversarial system 3. Plea bargaining 1. Lay information -TJ sworn r+ p committed to crime 2. arrest hold them til trial 1. Indictable offences -> proceed by this. Hearing, etc 2. Summary convictions -> Proceed summarily 3. Dual or hybrid offences -> -Use 1 or 2 up to crown to choose (elect) -On reasonable ground someone has committed a criminal offence and someone with the right to arrest them is in fresh pursuit. ( s494 of the criminal code) -Criminal offence means any of the 3 above, but the person has to be running away from someone who has the right to arrest them. -Finds commiting a criminal offence -warrant If a citizen arrest someone... -They have to forhwith that person to a police officer. -That police officer is supposed to give that person a piece of paper that gives them a court date -Need to establish their identity. Need to know who they are to make them appear in court -They want to prevent further offences -Supposed to release the person -Should let them go unless you have reasonable grounds to believe that if you let them go they will fail to appear in court -officer in charge -> 24 hours till bail hearing -court has right to decide whether or no that person is going to jail Primary ground: 1. FTA 2. Reoffend- really hard to prove, onus is on crown -> charged with someone prior that will help. That reverses the onus, the crown doesnt have to prove that you will reoffend you have to prove that you wont 3. Confidence in administration of justice -strong case, serious charge, if you let that person go people will complain. Paul bernado example, he should stay in prison until trial. Usually your talking about whether or not someone will show up to court. -Code says you should let them go unless it is absolutely necessary -Bail -> orders

1. Promise to appear ( sign a paper that says you will show up to court) 2. Recognizance, you sign a document promising to appear. Plus you have to prove you have property that is valued at a certain amount. ( judge decided amount, could be $100, could be a million) You acknowledge that if you don't come to court the court can take that property from you.. -Recognizance with sureties. Surety person, to Accused in court. - $ Failure to appear lose $ -Bail orders 4. Conditions 2 or 3 eg- contact or to be within 500 m of spouse -cant drink -curfews -cant go to X -detention order Adversarial -role of CJ is to protect the person who is accused -Rational individuals: investigation - 2 sides of the story -we rely on viva voce evidence= people talking. ( what did you see, do they fight a lot, etc) -Restrict evidence, can't mention previous charged because it may make judge impartial. -Innocent until proven guilty ( the presumption of innocence) -Better to let 9 guilty guys go then to convict 1 innocent guy Inquisitorial-europe -more bureaucratic system, way to establish truth. Find truth -Trial judge job is to investigate, directs prosecution and policy -Tends to rely on documentary evidence -All evidence is admitted -Guilty until proven innocent (onus is on accused to prove hes innocent) -

Crowns job is to do their investigation and then present that to the judge, defence does their investigation, their story, and bring it in front of the judge. They are at opposite sides of the story so they are adversaries. -Judge is impartial, he has to decide who he believes -