If you are arrested by the London Police Service, your most critical actions are to remain completely silent and clearly demand to speak with a lawyer. Under the Canadian Charter of Rights and Freedoms, you only need to identify yourself (name, address, date of birth). Do not explain your side of the story to the officers. Duty Counsel is available for free 24/7 if you do not have a private lawyer.
Being stopped, questioned, or arrested by police officers in London can trigger intense panic. Whether you are pulled over for a traffic stop on Oxford Street, approached while on the Western University campus, or arrested at your own home, the power dynamic is inherently intimidating. The most common mistake people make during an arrest is trying to talk their way out of it.
In Canada, police are trained interrogators, and anything you say will be recorded in their notes and used to build a case against you. 🔍 Your rights are heavily protected under the Canadian Charter of Rights and Freedoms, but it is up to you to assert them correctly. If you find yourself in police custody, your absolute best defence is silence until you have spoken to a local criminal defence lawyer from our directory.
Step-by-Step Process During an Arrest in London
Understanding how the arrest and booking process works at the local level can help keep you calm and prevent you from making self-incriminating statements. Here is what you should expect and how you should act.
Step 1: Stay Calm and Comply with Physical Directions
Never resist arrest, argue, or physically pull away from an officer. 🤝 Even if you are 100% innocent, resisting arrest or assaulting a police officer will result in severe additional criminal charges. Keep your hands visible, do not make sudden movements, and allow them to place you in handcuffs. You will have plenty of time to fight the allegations later in the Ontario Court of Justice.
Step 2: Exercise Your Right to Silence
Under Section 7 of the Charter, you have the absolute right to remain silent. When the officer asks what happened, simply say, “I do not wish to make a statement until I speak to my lawyer.” The police are legally allowed to ask you questions, but you are not legally obligated to answer them. You must, however, provide your true name, address, and date of birth. Lying about your identity is a separate criminal offence (Obstruct Police).
Step 3: Demand Your Right to Counsel
Under Section 10(b) of the Charter, the police must inform you of your right to retain and instruct counsel without delay. As soon as you are arrested, firmly state, “I want to call a lawyer.” The police must stop questioning you and provide you with a private telephone as soon as you arrive at the London Police Headquarters at 601 Dundas Street. You can call a private lawyer or ask to speak to free Duty Counsel.
Step 4: The Booking Process and Release
Once at the station, you will be “booked.” This involves taking your fingerprints and a mugshot, which is mandatory for indictable offences and most summary convictions. After booking, the Officer in Charge makes a critical decision: they will either release you with a Form 9 Appearance Notice (promising you will attend court) or hold you in the cells overnight for a formal bail hearing the next day.
How Much Does the Initial Legal Help Cost?
Getting immediate legal advice while in custody does not have to break the bank. 💵 Here is what you need to know about costs at the time of arrest.
| Service Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Duty Counsel (Toll-Free Phone) | $0 | Available 24/7 at the police station. Provides immediate, free legal advice over the phone. |
| Private Lawyer Consultation | $0 – $350 | If you call a private lawyer from the station, the initial brief call is often free, but securing their services requires a retainer. |
| Bail Hearing Retainer | $1,500 – $3,500 | If you are held for bail, this is the typical upfront cost to have a private lawyer represent you in court the next day. |
How Long Will You Be Held?
The duration of your detention depends heavily on the severity of the charge. 🕐 If you are arrested for a minor offence like shoplifting or simple assault without injuries, the booking process at the Dundas Street station usually takes 2 to 4 hours before you are released on an Appearance Notice. However, if you are charged with a serious violent offence, domestic assault, or weapons possession, the police will hold you in a cell until you can be brought before a Justice of the Peace for a bail hearing, which by law must happen within 24 hours.
Frequently Asked Questions (FAQ)
Can the police search my phone when I am arrested?
Generally, no. Under Canadian law, police cannot search the digital contents of your cell phone “incident to arrest” without a specific search warrant signed by a judge. If they ask for your passcode, decline to provide it and ask to speak to your lawyer.
What happens if the police didn’t read me my rights?
If the officers fail to read you your Charter rights, the charges are not automatically dropped right then and there. However, your defence lawyer can later file a Charter Application in court, arguing that any evidence or statements obtained after the breach should be excluded from your trial.
Can the police lie to me during questioning?
Yes. Canadian police are legally permitted to use deception during interrogations. They might claim they have your fingerprints at the scene or that your friend has already confessed, even if it is not true. This is why asserting your right to silence is absolutely critical.
Can I have my parents in the room when questioned?
If you are an adult (18 or older), you do not have the right to have anyone in the room except a lawyer. However, if you are a youth (12 to 17) arrested under the Youth Criminal Justice Act, you have the specific legal right to have a parent or guardian present before any questioning.
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