What happens when a person gets arrested for something criminal? Previously, section 10 of the Canadian Charter of Rights and Freedoms regarding arrest and detention rights was explored, but there is a lot more to an arrest.
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Arrest processes can go in many directions based on the specific circumstances of the incident(s).
Upon an arrest, a cooperative suspect is handcuffed and read their rights. If they are uncooperative, then force may be necessary to bring the person under control and into custody. Once under control, they are read their rights. They are then searched for items that may put themselves or the officer(s) at risk and for any evidence related to the reason for their arrest.
The person may then be released on scene unconditionally or on a release document with a date and time for attending the detachment for photographs and fingerprints in addition to a court date and time. On more serious allegations or if a person has a significant criminal history, they are escorted to the detachment for further processing.
The suspect is provided an opportunity to contact legal council (lawyer) so that they may receive legal advice specific to their situation. Once this is done they are typically fingerprinted and photographed and then placed in a holding cell.
At this time the officer may be completing further tasks on the investigation such as victim/witness interviews, researching the suspect’s background, processing evidence, etc. The suspect is then interviewed to determine if they wish to provide information on the incident regarding the allegations against them.
Again, depending on many factors, they may be released unconditionally or on court compelling documents, or, they may face a Judicial Interim Release Hearing (aka bail hearing).
This is where they can have their lawyer represent them as there is a Crown Prosecutor that represents the Crown, taking place of the officer. This hearing speaks to whether or not they will be released until their first court appearance.
If they aren’t released, they are remanded into continuing custody and most often then transported to Edmonton or Saskatoon as they await their first court appearance. Court appearances are often done via video link so the accused doesn’t have to be transported from the holding facility. From this point forward, it is all within the court process.
If the accused is to appear in person, then they may be transported back to Lloydminster and again held at the detachment as most are brought here a day or two before their court appearance.
While an accused person is in our cell block, we are entirely responsible for them. If they need something medical, we are required to see that they are assessed/treated. Some have prescriptions including medications relating to addictions and we also are required to ensure they receive all their medications as prescribed.
Meals are provided and showers are accommodated. Prisoner handling is one of the high-risk areas for all detachments and this is why there are many policies and protocols that we must follow.
– Staff Sgt. Jerry Nutbown, is the NCO in charge of the Lloydminster RCMP detachment’s General Investigation Section. Stay tuned for future articles from the Lloydminster RCMP.
This column was originally published in the Jan. 9, 2025, edition of the Meridian Source.
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