Criminal Code of Canada - section 28 - Arrest of wrong person

section 28

INTRODUCTION AND BRIEF DESCRIPTION

This section provides protection from criminal responsibility to those who arrest or assist in the arrest of a person named in a warrant if they have a good faith belief that the person is the one named in the warrant.

SECTION WORDING

28. (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant. Person assisting (2) Where a person is authorized to execute a warrant to arrest, (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant, is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

EXPLANATION

Section 28 of the Criminal Code of Canada provides legal protection for authorized individuals who execute arrest warrants. Specifically, if a person who is authorized to execute an arrest warrant believes, in good faith and on reasonable grounds, that the person they arrest is the same person named in the warrant, they are protected from criminal responsibility to the same extent as if the arrested person was, in fact, the person named in the warrant. This legal provision recognizes that executing an arrest warrant can be a complex and challenging process that requires a certain level of trust in the information provided in the warrant. By providing legal protection to authorized individuals who act in good faith and on reasonable grounds, Section 28 aims to ensure that the legal system can operate effectively and that those who carry out such important tasks can do so without undue fear of criminal consequences. In addition, this section also provides protection for individuals who assist in the execution of an arrest warrant, such as those who are called upon to help with an arrest or those responsible for receiving and detaining the arrested person. Again, this protection is contingent on their belief that the arrested person is the same person named in the warrant, and it recognizes that these individuals play an important role in the arrest process and should not be held criminally responsible if they have acted in good faith. Overall, Section 28 of the Criminal Code of Canada provides important legal protections for those involved in the execution of arrest warrants, and it serves to promote trust and confidence in the legal system.

COMMENTARY

Section 28 of the Criminal Code of Canada provides legal protection for those involved in the execution of arrest warrants. This section focuses on the concept of 'Good Faith and Reasonable Grounds' and emphasizes how important it is for law enforcement officials to make decisions based on these principles while performing their duties. Subsection 1 of section 28 outlines that when a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person who they are arresting is the person named in the warrant, then the person executing the warrant is not criminally responsible in respect thereof to the same extent as if that person were the person named in the warrant. This means that law enforcement officials are legally protected from any criminal responsibility if the person they have arrested is not the correct person named in the warrant, as long as they have acted in good faith and had reasonable grounds to believe that the person they arrested was the individual named in the warrant. This protection is important because it allows law enforcement officials to carry out their duties without fear of legal repercussions as long as they are following legal protocols and have a reasonable understanding of the situation. It also adds an element of accountability, as it requires officials to act in good faith and have reasonable grounds before arresting someone, which can help prevent mistaken arrests or abuses of power. Subsection 2 of section 28 further extends this protection to those who assist in the execution of the warrant, such as individuals who are called on to provide assistance, or those who are required to receive and detain the person who has been arrested. This provision ensures that anyone who is involved in the arrest process, whether directly or indirectly, is also protected from criminal responsibility as long as they have acted in good faith and had reasonable grounds to believe that the person they were dealing with was the person mentioned in the warrant. While section 28 is a legal protection for law enforcement officials, it also places a great responsibility on them to act ethically and lawfully in the arrest process. It is also important to note that this protection does not apply if the person executing the warrant acted outside the scope of their authority or with malicious intent. In conclusion, section 28 of the Criminal Code of Canada is a vital provision that provides legal protection to those involved in the execution of arrest warrants. It highlights the importance of acting in good faith and with reasonable grounds to prevent mistaken arrests or wrongful detentions. This section ensures that law enforcement officials and those assisting in the arrest process are held accountable for their actions and acts as a safeguard against abuse of power while allowing them to carry out their duties effectively.

STRATEGY

Section 28 of the Criminal Code of Canada is a vital part of the Canadian legal system as it provides protection to law enforcement officers who execute arrest warrants in good faith. The section plays an essential role in safeguarding the rights of the accused and ensuring that arrests are carried out ethically and legally. The section stipulates that officers who make an arrest, and anyone who assists them, will be immune from prosecution if they believe they are arresting the person named in the warrant. However, the section must be used carefully, and several strategic considerations need to be kept in mind. Below are some of the strategies that could be employed when dealing with this section. 1. Training Law Enforcement Officers First and foremost, law enforcement officers should be adequately trained and equipped to make arrests. They should understand the rights of the accused, the power they hold, and the procedures they need to follow when executing an arrest warrant. Proper training can reduce the likelihood of an officer's good faith being questioned in case of an arrest. 2. Ensuring Accurate and Current Warrant Information Arrest warrants provide specific information about an individual, including their name, address, and other identifying data. It is essential to ensure that this information is accurate and up-to-date. The executing officers should check the warrant for any discrepancies or issues that may arise when they are on the ground. 3. Obtaining Additional Identification As a strategic consideration, officers should be encouraged to obtain additional identification from the suspect before making an arrest. This identification can include a driver's license or any other document that helps to confirm the suspect's identity. In cases where the officer is unsure about the suspect's identity, it is crucial to seek additional verification before making an arrest. 4. Documenting the Arrest Officers should document each arrest they carry out, including the time of the arrest, the arresting officers' names, the names of any assisting individuals, and relevant details about the arrest. This documentation can help to establish the officers' good faith in the event of a legal challenge. 5. Seeking Legal Advice Officers should seek legal advice whenever they have doubts about the validity of a warrant or if there are any questions about their actions during an arrest. By seeking legal counsel, officers can ensure that they comply with the law and avoid setting themselves up for legal repercussions. 6. Maintaining Professionalism Officers should maintain professionalism throughout the arrest process. This means remaining calm and composed, and avoiding any actions or statements that may be deemed unprofessional. It is also essential to respect the suspect's rights and to comply with all relevant laws and procedures when making an arrest. Section 28 is a crucial provision that protects law enforcement officers who execute arrest warrants in good faith. However, the section must be used with great care to avoid any legal challenges or issues that may arise. By following the strategies outlined above, officers can ensure that their good faith is beyond reproach, and arrests are carried out in a fair and just manner.