Arrest Warrants

When it comes to the powers of peace officers, arrest and detention rank among their most crucial tools in investigating criminal activities. However, these powers are also some of the most invasive on an individual's freedom. The legal system seeks to balance these powers, ensuring they don't unduly restrict police work in criminal investigations, yet uphold the rights and liberties of individuals.

The Fine Line Between Detention and Arrest

Detention, often used for investigative purposes, allows officers to temporarily hold an individual without formal charges to gather more information. Arrest, on the other hand, involves formally charging an individual with a crime, significantly impacting their rights and freedoms. 

This transition is particularly nuanced during traffic stops or public interactions, where decisions must be made quickly based on evolving circumstances.

Have you been charged with a criminal offence? Call (306) 994-9522 to receive a free consultation with a criminal lawyer.

Understanding Arrest Warrants

Arrest warrants are one of several methods used to ensure a person's appearance in court, typically the accused. The Criminal Code outlines specific powers and conditions under which arrest warrants are issued, reflecting the law's nuanced approach to handling different circumstances.

For an arrest warrant to be issued, it needs a judge's signature. The police are required to give the judge evidence proving that the individual has been involved in criminal activities. The arrest warrant should list either the individual's name or a description, as well as why they are being arrested.

This warrant remains valid until executed, without needing a specified return date, and is directed to peace officers within the issuing jurisdiction.

Execution of the Arrest Warrant

  • Warrants can be executed anywhere within the issuing jurisdiction or, under certain conditions, anywhere in Canada.
  • A judge or justice may delay the warrant's execution, allowing the accused to appear voluntarily, at which point the warrant is considered executed.

Special Circumstances and Considerations

  • Youth Justice: Warrants issued by a youth court justice can be executed nationwide, ensuring a unified approach across jurisdictions.
  • Delayed Arrests: Deliberate delays in executing arrest warrants, especially when the accused is serving another sentence or easily locatable, are frowned upon and may be deemed as unreasonable delay, impacting the right to a fair trial.

Are you facing criminal charges? Dial (306) 994-9522 to receive a free initial consultation with a criminal lawyer. A criminal lawyer can provide the guidance and representation needed to navigate these difficult situations.

Arrest Procedure

Initially, officers will identify themselves to ensure there is no doubt about their authority. You will be notified of your arrest and the reasons behind it. In establishing control, an officer may employ a gentle touch, such as placing a hand on your shoulder. Subsequently, your rights will be communicated to you, with officers verifying your comprehension of these rights.

You will then be granted the option to contact a criminal lawyer, with assistance from the police to facilitate this communication. A search will be conducted for safety reasons, during which handcuffs may be applied before transportation in a police vehicle. A more thorough search may follow either during this process or subsequently.

Based on the specifics of your situation, the police may decide to either release you or detain you further at the police station. While detained, you might be questioned. It is crucial to understand that apart from providing your legal name, you are not obligated to offer any additional information unless you choose to do so.

Validity of Arrest

An arrest's validity hinges on both subjective belief and objective justification of the reasons for the arrest by the police. Furthermore, an arrest's validity is not retroactively affected by the outcome of the case; it is assessed based on the information available to the officer at the time of the arrest. 

Your Rights When Arrested

Right to a Lawyer

Individuals being detained or arrested by the police must be informed without delay of their right to consult a lawyer. This includes being made aware of their right to call duty counsel for complimentary initial legal advice via telephone, as well as information about Legal Aid services for those unable to afford legal representation. 

The individual must be provided a fair opportunity to secure a lawyer, which means the police cannot restrict the individual to just one phone call if they are attempting to contact a lawyer. Moreover, if the person requests to speak to a lawyer, they are allowed to do so in private and as promptly as possible.

Right to Remain Silent

Individuals who are detained, arrested, or charged with an offence are entitled to the right to remain silent, a right that they should be informed of immediately. These individuals are obligated to provide their correct name to law enforcement officials.

However, these individuals are not required to provide any statements to the police, whether verbally or in written form. They are also not obliged to answer any additional questions.

Don’t Face Your Criminal Charge Alone

An experienced criminal defence lawyer is essential when facing a criminal charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your criminal case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your criminal case with you and explore your options.

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