Legal Studies 3080

Getting Arrested

Arrest itself is, of course, a more serious matter than detention. If you are ever arrested by a police officer it is very important that you know your rights ... and that you exercise them intelligently. The onus is on the police to inform you of those rights and to verify that you understand the; but, since you are the one whose rights are in question, you had better be prepared to insist that everything be done correctly.
If you are arrested, you have the right:


  • to obtain the help of a lawyer (counsel) - and to be informed of this right,
  • to be informed without unreasonable delay of the specific offence with which you are being charged,
  • to be presumed innocent until proven guilty in the court of law,
  • to be supplied with an interpreter if necessary, and
  • not to be deprived of your liberty or security except in accordance with the "principles of fundamental justice".


 

In the chart below determine the legality of each police action. When you have completed your choices check your answers to see how many you get correct.


Police Action

Legality

Jon is arrested for a summary conviction offence. At the police station, he is fingerprinted.  
Lara is arrested on a drug-trafficking charge. At the station, she is strip-searched by a female officer. Yes No
Simon is arrested and told clearly of his right to counsel. He clearly understands this, but decides to waive this right. The police then question him thoroughly. Yes No
Sabrina is arrested for an indictable offence and then made to take a lie-detector test. Yes No
Anders is arrested and searched. The police keep his car keys, even though they seem totally unrelated to the crime for which he is a suspect. Yes No