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发表于 2014-11-19 13:29:19
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警察 阿环叫停?你须知--
警察 阿环叫停?你须知--
俺枫叶部落篇
Being Stopped, Detained or Arrested by the Police
http://www.educaloi.qc.ca/en/you ... -or-arrested-police
Being detained or arrested is serious. Even if you've never taken part in a crime, it's important to understand what can happen when a young person has an encounter with the justice system.
Getting Stopped by the Police
A police officer stops you and asks you to identify yourself. This can happen. Stay calm! There is no law against the police stopping you to talk to you. They're always allowed to ask you questions.
However, you're not required to answer them. For example, imagine that you're walking your dog in the park and a police officer stops you because she wants to ask you some questions. If you haven't broken the law and the police officer is not arresting you, you have the right to say that you don't want to answer questions and to leave.
However, there are some exceptions. You must identify yourself in these situations:
You are driving a vehicle (car, scooter, etc.).
If the police ask for this information, you have to show your driver's licence, insurance and registration. If you're only a passenger, you don't have to identify yourself.
You have broken the law.
The police might stop you if you've broken a municipal by-law, for example, you were in a public park after closing hours. The police might also stop you for breaking a provincial law, for example, you were speeding while driving. If the police stop you for breaking a municipal by-law or a provincial law and ask for your name and address, you must give this information.
You're detained or arrested.
If the police arrest or detain you because they saw you committing a crime, or they have good reason to believe you committed a crime, and they ask for your name and address, you must give this information. If you refuse, the police can detain you until they can confirm your identity.
You must identify yourself even if you're sure you did nothying wrong.
For example, if you match the description of a person who has just robbed someone's home, and you're the same height and are wearing the same colour clothes as that person, the police can ask you to identify yourself and not leave while they carry out the necessary checks.
Important! Don't be tempted to give a false name. It's a crime to lie to the police.
What Does It Mean To Be Detained or Arrested?
Being detained means not being free to go about your business. This could be the case, for example, if the police ask you to come to the police station for a breathalyzer test because they think you were driving over the blood alcohol limit.
If the police want to arrest you, they must clearly say: "You're under arrest".
In both cases, the police must tell you why you're being detained or arrested. From that moment on, you must cooperate. If you run or fight, the police can use whatever force is necessary to control you. And they might charge you with some other crime, such as obstructing justice or assaulting a police officer.
Immediately After the Detention or Arrest
Your Rights After Being Detained or Arrested
The police must tell you
that you have the right to remain silent, and
that you have the right to a lawyer.
The police must also tell you why you've been detained or arrested. They must help you use a phone so you can call a lawyer. They must also make sure that you properly understand your rights. If you don't understand something, don't be afraid to say so. You can't be penalized for asking questions!
You're also entitled to ask the police to identify themselves.
Note that if you're under 18, the police are obliged to contact your parents promptly and tell them that you've been detained or arrested.
The police also have the right to search you. Generally, they will only pat you down on top of your clothes. But they can do a more intrusive search for security reasons or if they're looking for evidence, such as drugs. In these cases, they can also search your clothes, your backpack or your car, for example.
After your arrest, the police can detain you temporarily at the police station if. For example, they can detain you if you refuse to identify yourself or if they haven't finished collecting evidence.
The Police Officer's Options
The police officer might decide to
apply an extrajudicial measure, or
refer your case to the criminal and penal prosecuting attorney (government lawyer), who might bring criminal charges against you.
By law, the police must consider if it would be better to apply an extrajudicial measure instead of transferring your case to the criminal and penal prosecuting attorney. Extrajudicial measures are usually enough to make a young person accountable for her actions.
Extrajudicial measures are a way of dealing with your case without going through the traditional court process. If extrajudicial measures are imposed, you won't have to go to court.
However, if the police decide to transfer your case to the criminal and penal prosecuting attorney and this attorney decides to bring criminal charges against you, the police might give you some documents and tell you when you have to appear in youth court, or you might get a notice in the mail calling you to court. Depending on the crime that you've been charged with, you might be fingerprinted and have your photo taken.
The police could also have you detained in a rehabilitation centre if, for example, they believe it would be dangerous to let you go. In that case, you have the right to be brought before a judge as soon as possible, generally within 24 hours of your arrest. The judge will then decide whether to
release you,
release you into the care of a trustworthy person, or
detain you in a centre until your court trial.
Stay Calm!
Whatever happens, if the police stop you, stay calm. But also remember: if you think your rights are not being respected (whether you're arrested or not), ask the police to identify themselves. Afterwards, you can file a complaint with the Commissaire à la déontologie policière.
Furthermore, if your rights are not being respected, don't hesitate to consult a lawyer. There's a strong chance that you are eligible for legal aid. |
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