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II. Judicial Standards and Principles |
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2.4 General Principles of the Court |
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Article 27-Arrest and
accusation |
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| 27.1 |
Arrest |
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A lawful arrest shall be when a law enforcement official, or man or woman acting under law takes a man or woman into custody using lawful arrest procedure so that they may be brought to a place of interview, interrogation and/or testimony to assist in the investigation of an alleged crime. |
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| 27.2 |
Lawful arrest procedure |
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Lawful arrest procedure is when the following three steps have been taken during the execution of an arrest: (1) that the man, woman or person has been told they are under arrest (2) that the man, woman or person has been told on what basis of accusation, summons, warrant and/or charge they are being placed under arrest and (3) that the man or woman has been told of their immediate rights. |
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| 27.3 |
1st interview ("interview of facts") |
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A 1st interview is the very first interview of an accused after their arrest at which the accused is compelled by law to answer all facts presented to them (excluding any direct accusations) which may involve electronic monitoring equipment, recording equipment and is permitted without the presence of counsel. |
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| 27.4 |
Interrogation ("2nd and other interviews") |
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An interrogation is defined as any 2nd and/or other interview involving the process to question formally and systematically people who may be party to an event or action that may lead to a formal indictment of criminal proceedings. |
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| 27.5 |
Accusation |
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An accusation is one or more allegations of criminal acts to which as yet no formal criminal charge(s) have been applied to the accused who has been arrested and now in custody. |
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| 27.6 |
Charge |
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A charge is any formal accusation referenced to a specific type of alleged offence under the Criminal Code and therefore the restrictions, gravity and procedures listed therein to the handling of accused of such offences. |
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| 27.7 |
Indictment |
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An indictment is a formal written statement accusing a man, woman or person of one or more charges which, by law, are declared to be an offense. |
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