Person to Be Informed of Grounds of Arrest.

Person to Be Informed of Grounds of Arrest (Criminal Procedure Act, Cap. 20 R.E. 2022)

Section 23 outlines the requirements for informing an individual of the grounds for their arrest:

Subsection (1) mandates that when a person is arrested, the individual making the arrest must inform the arrested person of the offence for which they are being arrested at the time of the arrest.

Subsection (2) specifies that the arresting person complies with this requirement by providing the substance of the offence, meaning that it is not necessary to use precise or technical legal language. A general explanation of the offence suffices.

Subsection (3) provides exceptions to this requirement:

(a) If the arrested person should reasonably be aware of the offence due to the circumstances of the arrest, informing them of the offence is not required.

(b) If the actions of the arrested person make it impractical for the arresting individual to inform them of the grounds for the arrest, then the requirement is waived.