Flashcards in Arrest Warrants Deck (24)
Who can lay an information under oath before a justice
ANYONE who, on reasonable grounds, believes that a person has committed an offence
If the Justice considers that a case for doing so is made out, the Justice will issue either a _____ or _______ of the accused to compel the accused to attend before a Justice for the territorial division to answer to the charge.
a warrant for the arrest
A warrant to arrest is a written order signed by what three entities which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein?
a judge, Justice of the Peace or coroner
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
RG to BELIEVE that it is in the public interest that a warrant be issued.
The ‘public interest’ may include (6)
the accused has FLED
the accused is EVADING capture
danger to the public
danger to the victim and/or witnesses
nature and/or seriousness of the OFFENCE
all attempts to locate the suspect have been exhausted
When is a warrant for committal issued?
Upon conviction of an accused for an offence
If a person is arrested for a warrant of committal do they go to court?
No. They are to be processed according to the instructions contained within the body of the warrant.
When a person is arrested pursuant to a Superior Court bench warrant, who should be notified at the courthouse?
the Superior Court Liaison Detective shall
be advised forthwith by telephone, voice–mail or TPS eFax
If a "Fail to Appear" or additional charge is laid in relation to the execution of a bench warrant issued by the
Superior Court of Justice (Superior Court), the new charge will be heard in the Ontario Court of Justice (OCJ).
Where shall the person first attend for court?
The individual must appear at the Superior Court on the bench warrant before any other court appearances for new or additional charges.
If the person has to appear at SCJ on a bench warrant and an OCJ for new charges, they must appear at both before being released. How can the case manager ensure this occurs?
Members shall make a prominent notation on the crown envelope. A TPS 178 shall be completed and
given to a court officer at the OCJ.
When a Superior Court bench warrant is issued, the Liaison Detective at 361 University Avenue shall advise the
______ in the division in which the original charges were laid.
Upon issue of a surety warrant by the Justice, does the accused get a new bail hearing after being arrested?
The accused can be arrested and a new bail hearing must be held on the original charges. The original Information must be obtained and taken to court for the commencement of the new bail hearing.
If the accused is show caused at the court where the warrant is held, the Court staff will retrieve the Information.
If the accused is show caused at a court other than where the original Information is held, the arresting unit shall
obtain the Information and bring it to court, or make arrangements with the Court Courier to deliver the
Information to the court.
Where is the "Order of Committal"?
The original, signed "Order for Committal" must be obtained from RMS–Ops and brought to the court in order to admit the accused to a detention centre.
What are the two situations a material witness warrant is obtained for?
a witness who is evading service of a subpoena or
has not appeared in court after being served a subpoena
After a person is arrested on a material witness warrant do they get a bail hearing?
A bail hearing must be held to determine if the witness should be released until required to appear and give evidence.
What act gives the Medical Officer of Health (MOH) having jurisdiction the authority to apply for a court order to compel the named person to be detained for treatment?
the Health Protection and Promotion Act
What is the radius of a medical order?
Unless otherwise specified in the order, the effective radius for medical orders is restricted to the jurisdiction of the applicant MOH.
The order is specific to the named PERSON, _______ and the POLICE SERVICE in the jurisdiction where the
application is made
a named hospital
When can a warrant 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 ENDORSED by a Justice having authority to authorize execution of the
warrant in the jurisdiction.
Section 529.3(1) of the CC states that
Without limiting or restricting any power a peace officer may have to enter a dwelling–house under this or any
other Act or law, the peace officer may enter the dwelling–house for the purpose of arresting or apprehending
a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has
reasonable grounds to ______ that the PERSON IS PRESENT in the dwelling–house, and the CONDITIONS for
obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
When seizing property during the execution of an arrest warrant shall file the applicable search warrant return (5.2) within seven (7) days of the execution at the court location
in the Notice to Occupant section
A Form 5.2 is required by the CC whenever property is
seized WITH OR WITHOUT WARRANT in criminal matters. For provincial matters, a TPS 130 is required by the Provincial Offences Act (POA) for property seized under what authority?
the authority of a search warrant only.
In all cases, the unit processing the person arrested on a warrant, needs to ensure what is before the court, on the date the accused will next appear?
The original Information
When dealing with a person named on an out–of–jurisdiction medical order shall contact one of the
following for instructions: (3)
the hospital named in the order
the MOH who issued the order
the MOH for the City of Toronto