Legal Studies 3080

Section 2 - The Crime, The Arrest, and Pre-trial Procedures

You have probably seen it dozens of times on TV and in the movies - a police officer arresting suspected criminals after an exciting chase and, while slipping on the handcuffs, quickly informing them of their right to consult a lawyer but that anything they say may be used against them in a court of law.

Is this how things really work? Just what rights does a person under arrest have? When is a police officer justified in arresting someone? What happens from the time the person is arrested up to the first court appearance?

When you have finished the section, you should be able to:

  • Identify the elements of a crime,
  • describe the role of the police and the rights of those they arrest,
  • explain basic pre-trial procedure under Canadian criminal law, and
  • describe the purpose of legal aid.