Arrest Warrants Flashcards
(18 cards)
A warrant to arrest is a written order signed by a _____, _____ or _____, which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein.
- judge
- Justice of a Peace
- coroner
Persons arrested on a warrant in the first must be presented to the court for a bail hearing unless the warrant was _____ by the issuing Justice authorizing the release of the arrested person by _____. The _____ retains the discretion to release when the warrant is endorsed.
- endorsed
- an Officer in Charge
- Officer in Charge
Warrant in the First Instance
A peace officer, who believes that an offence has been committed by a person not yet apprehended, may seek a warrant in the first instance upon presentation of an Information to a Justice. The Justice must be given reasonable grounds to believe that it is in the public interest that a warrant be issued.
The ‘public interest’ may include
‒ _____
‒ the accused _____
‒ danger to _____
‒ danger to _____
‒ nature and/or seriousness of the offence
‒ all attempts _____
- the accused has fled
- is evading capture
- the public
- the victim and/or witnesses
- to locate the suspect have been exhausted
A _____ may be issued by the court upon the conviction of an accused for an offence. It directs peace officers to arrest the named/described individual and generally, in default of payment of monetary penalty set by the court, to serve a period of time in jail.
- warrant of committal
Persons arrested solely on warrants of committal are not _____. They are to be processed according to the instructions contained within _____.
- to be brought before the court
- the body of the warrant.
When a person is arrested pursuant to a Superior Court bench warrant, the _____ at Superior Court shall be advised forthwith by telephone and email regarding the following information
‒ name of the accused
‒ date of birth
‒ charge
‒ date of issue of the bench warrant
In the case of a person appearing on Toronto Police Service (Service) charges but also wanted on a warrant held by another jurisdiction, a TPS 178 shall be completed and given to a court officer at the Superior Court. Members shall _____ on the confidential crown envelope to ensure that the person is not _____.
- Court Services unit
- make a prominent notation
- released until appearances have been made in both courts
A person arrested solely for a material witness warrant shall not not be _____.
- fingerprinted
_____ is a centralized enforcement program mandated to enforce child and spousal court orders in the Province of Ontario. Staff from the FRO may commence and conduct proceedings on behalf of support recipients in the family court to ensure child and spousal support payments are made, including conducting a Default Hearing under s.41 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA).
If a support payor fails to attend a FRSAEA Default Hearing, the court may issue a warrant for arrest (Form 32B) under s. 41(7) of the FRSAEA. The warrant of arrest directs _____ to take the named person to court so that a Justice can issue an undertaking to appear (Form 131) to the person, directing them to attend a later court date.
When a support payor is arrested on this type of warrant, the person may be taken to the family court, or if the court is not sitting, brought before a _____ as soon as possible to be dealt with according to law.
- The Family Responsibility Office (FRO)
- officers
- Justice of the Peace
_____, located at 82 Buttonwood Avenue (in 12 Division), is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
The West Park Healthcare Centre
There are two (2) types of civil warrants for arrest; namely, _____ warrants and _____. Members executing a civil warrant shall also comply with Procedure 02–14.
- Small Claims Court
- Civil Court warrants
A warrant may be executed
* at any time, unless otherwise indicated on the warrant
* by one or more officers to whom it is directed within the territorial jurisdiction or, if in fresh pursuit, anywhere in Canada
* in another jurisdiction, provided it is _____ by a Justice having authority to authorize execution of the warrant in the jurisdiction.
- endorsed
Arrest Warrants - Police Officer
- When executing an arrest warrant in another Ontario jurisdiction shall
* comply with Sections 2.1.5, 2.1.6 and 2.1.7 of the Standards of Conduct
* notify the _____
If possible, _____ should accompany Toronto Police officers executing the warrant.
- local police authority in that jurisdiction
- officers from the local police authority
Investigating a Person Arrested on a Warrant
When laying any new criminal charges, the arresting unit shall be responsible for _____. In this case, the unit holding the original warrant shall deliver the related crown envelope to the arresting unit, if applicable.
If there is no additional warrant or new criminal charge, the arresting unit will be responsible for _____. The unit holding the warrant will process the accused on the original charges and make arrangements to obtain all applicable documents, if applicable.
In all cases, the unit processing the person shall notify the clerk of the court in which the original Information is held to ensure the Information is before the court, on the date the accused will next appear.
- investigating and processing all warrants
- transporting the person to the unit which holds the warrant
Arrest warrants may be endorsed for release by the issuing Justice. In circumstances where a warrant is endorsed for release, the _____ must consider releasing the arrested person in compliance with the procedures contained in Chapter 1.
- officer in charge
Material Witness Warrant
Without the _____ being present in court, jurisdiction over the case may be lost and the individual may be released.
- original Information
Surety Warrant / Material Witness Warrant / Family Responsibility Arrest Warrant
- _____ the person if arrested solely for a surety / material witness / family responsibility warrant
- not fingerprint
Medical Order
- deliver the person in accordance with the _____ and/or instructions of _____
- Order
- the medical facility
Out of Province Warrant
A remand warrant allows the person to be held for up to _____, until travel arrangements can be made
- six (6) days
