Canadian Criminal Procedure and Practice/Arrest and Detention/Arrest Procedure

Introduction
At the time of arrest, an officer must typically inform the accused of the following and confirm that they understand:
 * 1) inform of reason for arrest
 * 2) Charter of Rights caution / Right to Silence
 * 3) right to speak to a lawyer
 * 4) access to legal aid
 * 5) secondary police cautions

Right to be Informed of Charges

 * See also Right to be Informed of Reasons for Detention

Section 10(a) of the Charter entitles all people "the right on arrest or detention ... to be informed promptly of the reasons therefore". It is generally expected that the arresting officer, upon making the arrest, will inform the person of the reason for the arrest. However, where the reason is obvious and the person is well aware of the reason, it is not necessary.

It is not necessary to always inform the accused of the circumstances of the offence. In a murder case it is not necessary to reveal the victim's identity.

The primary point of inquiry is whether the accused can reasonably be supposed to have understood the reason for the investigation.

Failure to inform the accused that he is "arrested" and charged with a specific offence may not be fatal where the accused understood the basis for his apprehension and the extent of his jeopardy.

To understand the extent of jeopardy it is not necessary to be aware of the precise charge face or the full extent of the details of the case.

Right to Counsel

 * See also Canadian Criminal Procedure and Practice/Arrest and Detention/Right to Counsel

Script The arresting officer must inform the accused of the charges and their right to counsel. Typically, the officer will read from a script such as:

Right to Silence and Right Against Self-Incrimination

 * See also Canadian Criminal Evidence/Admissions and Confessions/Right Against Self-crimination and Canadian Criminal Evidence/Admissions and Confessions/Voluntariness

Upon arrest, the peace officer should inform the accused of their right to silence and right against self-crimination protected under section 7 and section 11(c) of the Charter.

The script read to the accused will go something like the following:

Secondary Caution
Where there had been previous communication between the police and accused prior to the reading of the first police warning, the police will usually provide what is called a "secondary caution" or "warning" that informs the accused that nothing said by the police prior to the first warning should influence the accused in the decision to make a statement. This is to avoid the tainting and exclusion of potential statement as "derived statements" following a previously involuntary statement.

The script read is similar to the following:

For details on the admissibility of Admissions and Confessions see Canadian Criminal Evidence/Admissions and Confessions.

Post-Charge Detention
Canadian Criminal Procedure and Practice/Arrest and Detention/Post-Charge Detention