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WAS THE RELEASE FROM ARREST BY CHIEF WARRANT OFFICER GAUVIN PROPER AND LAWFUL?

April 26, 2017arrest Chief lawful officer release warrant

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WAS THE RELEASE FROM ARREST BY CHIEF WARRANT OFFICER GAUVIN PROPER AND LAWFUL?

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At approximately 13.00 hours on December 12, 2000, CWO Gauvin asked for Cpl Hamm to be brought to his office. WO Rice, who was also present, did little talking. At the end of the conversation, CWO Gauvin released Cpl Hamm from arrest and instructed a member to accompany Cpl Hamm to his residence. The DPM PS concluded that, by virtue of QR&O section 105.12 (Release of Arrested Person Unless Conditions Necessary For Retention In Custody Are Met), MCpl Paul should have released Cpl Hamm rather than CWO Gauvin. Section 158(1) of the NDA and QR&O section 105.12 make it clear that it must be the arresting officer who releases the individual under arrest. QR&O section 105.12 and section 158(1) of the NDA state, in part, “A person arrested under this Act shall, as soon as practicable, be released from custody by the person making the arrest […].” The DPM PS directed that CWO Gauvin be advised of the requirements for the release of arrested persons be carried out.