Not everyone charged with a crime is arrested. The timing of the arrest may depend on the situation and crime(s) committed. If a police officer sees you commit a crime, they may arrest you on the spot. In other situations, a police investigation may occur before you are arrested.
An arrest happens when police take a person into custody and tell the person they are being charged with a crime. While it is important to co-operate with police in this situation, it is also important to know your legal rights. Legal rights at the time of arrest include:
If you choose not to talk to a lawyer, a parent or other appropriate adult before or during the time you talk to police about the alleged crime, the police must record this by video or audiotape or in writing.
The police must also tell you what crime you are being charged with and the place and time of any court appearance you must attend.
The right to a lawyer has special recognition and protection in the Youth Criminal Justice Act. When you are a child or youth, police, Crown and judges must ensure you are told and understand you have a right to talk to a lawyer. This information must be provided at many stages in the youth justice process. See Right to a Lawyer for more information.
If you have been arrested by police, you may either be released or held in custody until you appear in court.
Visit the Justice Education Society's Law Lessons website for law curriculum resources for teachers.