What is the legal definition of detention?
In criminal law, to detain an individual is to hold them in custody, normally for a temporary period of time. While reasonable suspicion is required for detention of an individual by law enforcement, probable cause is a prerequisite for an arrest.
What does it mean to be detained in Canada?
You are being detained when the police stop you and give you reasons to believe you are legally obligated to stop and stay with them or comply with their requests or demands. The Canadian Charter of Rights and Freedoms protects you from being detained without a reason.
How long can a person be detained without being charged in Canada?
Under s. 503, when a police officer arrests an individual without a warrant, they have the discretion to hold the person for up to 24 hours until charges are laid and they must be prepared to show cause as to why the person should be kept in custody before a Judge of the Court or Justice of the Peace.
What does detention mean in police?
“Detention” is used to cover the variety of situations when someone is deprived of their liberty by the state, stretching from the brief period when someone is held by the police for the purposes of a search to a period of imprisonment – the equivalent of a life sentence for someone convicted of murder under the age of …
How long can you be detained in Canada?
If you are not released then, your detention must be reviewed every 30 days after that, until you are either released or removed from Canada. There is no limit on how long you can be detained. However, you cannot be held indefinitely.
What does detention only mean in jail?
AN ARREST WITHOUT THE FILING OF AN ACCUSATORY PLEADING IS JUST A DETENTION. On August 1, 2016, the California Court of Appeal, 2nd District, held, in Schmidt v. California Highway Patrol, that if a person is arrested, but no accusatory pleading is filed with a court, the arrest shall be deemed a detention only.
How long can I be detained Canada?
Can you tell a cop to f off in Canada?
This demand is almost exclusively made as part of impaired driving investigations, and the general answer is “yes”. In Canada, a police officer does not have the authority to randomly require an individual to stop and identify themselves or to answer police questions.
Can you swear at a police officer in Canada?
It is not illegal to swear at police. However, it is always better to try and remain as peaceful as possible during interactions with police. Tensions can quickly escalate and if your behaviour becomes extreme, an officer can use their discretion.
Can police lie to you in Canada?
Unfortunately, the law in Canada allows the police to lie to you to further their investigation, so do not ask the police what you should do or rely on their advice.
Is there a difference between detention and detainment?
As nouns the difference between detention and detainment is that detention is (uncountable) the act of detaining or the state of being detained while detainment is the condition of being detained; detention.
Can you resist being detained?
Resisting arrest is a misdemeanor, punishable under California Penal Code 148(a)(1) PC. As a standalone crime with its own distinct penalties, you can be charged and convicted for resisting arrest even if you are not found guilty of the crime the officer was attempting to arrest you for. …
What are the laws for immigration detention in Canada?
Sections 54 to 61 of the Immigration and Refugee Protection Act (IRPA) and sections 244 to 250 of the Immigration Refugee and Protection Regulations (IRPR) set out the legislative ground for immigration detention in Canada.
Which is the best definition of a detention?
Detention The act of keeping back, restraining, or withholding, either accidentally or by design, a person or thing.
When is detention an act of law enforcement?
The act of keeping back, restraining, or withholding, either accidentally or by design, a person or thing. Detention occurs whenever a police officer accosts an individual and restrains his or her freedom to walk away, or approaches and questions an individual, or stops an individual suspected of being personally involved in criminal activity.
Can a person be detained for Psychological detention?
A person can be detained physically or psychologically. Psychological detention is where “the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person who conclude …that he had no choice but to comply”.