Criminal Code Release Flashcards

(4 cards)

1
Q

A person under arrest shall be _____ when it is determined that charges will not be laid or laid at another time. When an unconditional release occurs in a police station, the officer in charge shall be the releasing officer. In all other circumstances, the arresting police officer shall release the person when appropriate to do so.

A
  1. released unconditionally
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2
Q

Criminal Release - Officer in Charge

When a person has been arrested and brought into a police station and is to be charged with
 an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
 a dual procedure offence
 a summary conviction offence, or
 any offence punishable by imprisonment for five (5) years or less
shall consider the issue of ____, as well as attendance in court, and

  • if these terms are met, compel the person’s appearance in court in the follow
  • any event within ____ hours to
     obtain a judicial interim release, or
     request a detention order
A
  1. public interest
  2. twenty four (24)
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3
Q

In circumstances when a prisoner has been paraded before an officer in charge, the prisoner shall be released in _____ regardless of the release provision or whether charges have been laid.

A
  1. the same manner as initially booked (i.e. booking hall/video, etc.)
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4
Q

Criminal Release - Officer in Charge

  1. When releasing an accused from the station on sexual assault, criminal harassment, or a intimate partner violence–related charge shall ensure
    * the victim is _____ of all release conditions and the next court date of the accused
    * the victim is advised to engage in a safety plan, including the use of 9–1–1 in emergency situations, and to contact Victim Services for safety planning information, as appropriate
    * the victim is advised to contact the _____
    * A TPS _____ is completed
    * notations of the date, time, person contacted and other details, including attempts made to notify the victim are
     added as supplementary information to the original eReport
     made in the
    -. memorandum book or case book
    - TPS 483
    * a copy of the release documents and the TPS 483 are retained electronically in the designated folder on the division’s Shared Drive Computer Application (X Drive)
    * the TPS 483 and the original copy of the release documents are forwarded to the detective sergeant
A
  1. immediately notified
  2. Ministry of the Attorney General’s Victim/Witness Assistance Program
  3. TPS 483
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