LAWS 1000 Lecture Notes - Lecture 1: Indictable Offence, Summary Offence, Arrest Warrant
18 Feb 2017
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Substantive law lays down our right & duties . Application of substantive legal rules to a specific case either. The process: public law, criminal law, constitutional, administrative, human rights law, private law, tort, contract, property, family law. Criminal types of offences: indictable offences can only be created by parliament, very serious indictable offences (sup. Judge: indictable offences of lesser (provincial appoint. Magistrate, without jury: indictable offence tried @ the option of the accused (judge & jury, or judge alone, hybrid according to the code, summary offences and provincial legislation. Max of 6 months and/or (unless statutes says otherwise) Commencement of process: by arrest without warrant, by laying information. Arrest: to place someone under a legal duty not to escape from the person arresting them. Citizen have limited arrest powers w/o warrant (indictable offences) Need to stop the offence or its repetition. Likelihood of the suspect showing to court. Seek a justice of peace to lay information.
