CrimPro Notes

4031LAW - Criminal Procedure and Sentencing

#WillBarker #Law #CriminalLaw #CriminalProcedure #HongKongLaw #CanadianCriminalLaw #SearchesAndSeizures #RightToSilence #SearchWarrant #Arrest #BailInCanada #Discretion

1 Found helpful • 79 Pages • Complete Study Notes • Year: Pre-2021

4031LAW Criminal Procedure Notes Common Law Discretion to Exclude Evidence 6 ʻUnfairnessʼ discretion 6 Public policy discretion 7 Entrapment & Controlled Activities & Operations 9 Is the police activity a controlled activity or operation? 9 Will it be rejected a common law? 10 Search, Seizure & Identiﬁcation 11 Re non-statutory police powers: PPRA, ss 8, 9 11 Police Powers & Responsibilities Act 2000 11 Other legislation 11 Re warrants: PPRA, ss 150, 151, 156, 157, 158; Responsibilities Code*, ss 3, 4 11 ISSUING OF A WARRANT 12 EXECUTING A WARRANT 13 INVALID WARRANT? 14 WARRANT-LESS POWERS 14 Re powers to demand identiﬁcation: PPRA, ss 40, 41 14 Re searching people: PPRA, ss 29, 30, 624, 629, 630 14 Re searching vehicles: PPRA, ss 31, 32 15 Re searching public places: PPRA, s 33 15 Re seizure: PPRA, ss 196 15 Re offences: PPRA, ss 790, 791 16 Re identiﬁcation of suspects: PPRA, s 617; Responsibilities Code*, ss 45-51. 16 What is reasonable suspicion? 16 Arrest, Investigative Procedures and Bail 17 Will Barker (S2624467) 1 ARREST 17 Deﬁning arrest 17 Power to arrest: arrest WITHOUT a warrant 17 Power to arrest: arrest WITH a warrant 18 Power to arrest: use of FORCE 18 DUTIES RELATING TO ARREST 19 Duty to provide information 19 Duty to bring arrestee before a court (as soon as practicable): 20 RESULTS OF UNLAWFUL ARREST 20 The ﬂuctuating lawfulness of arrest: 20 Consequences of unlawful arrest: 20 SEARCHES IN CUSTODY 21 IDENTIFYING PARTICULARS 21 BAIL 22 Questioning and Confessions 24 Right to Remain Silent & Powers of Interrogation 24 Confessions 24 Grounds for exclusion: Not recorded 25 Grounds for exclusion: Involuntary confessions 25 Safeguards for Interrogations And many more. Thank you to the creator.

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