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Flashcards in Criminal Code Release Deck (19)
1

Pursuant to Part XVI of the Criminal Code (CC), the Chief of Police has designated all police officers holding the
rank of sergeant/detective, or a higher rank, as an officer in charge. Police officers who are required to testify as
an officer in charge must state in their evidence that they have been so designated by the Chief of Police.
What must the OIC produce in court if requested?

A letter on the Service's letterhead indicating such authorization is available at all court offices and must be produced when requested in court.

2

When SHALL an OIC consider release from the station?

 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

3

If these terms of release are not met, cause the person to appear before a Justice without reasonable delay
and in any event within _______ to
 obtain a judicial interim release, or
 request a detention order

twenty four (24) hours

4

If charges have not been laid who is the person to be released from the station?

the prisoner shall be released in the same manner as initially booked (i.e. booking hall/video, etc.) regardless of the release provision or whether charges have been laid.

5

When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–
related charge the OIC shall ensure the victim is notified of what three things?

 the victim is immediately notified 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 Ministry of the Attorney General’s VWAP

6

When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–
related charge THE OIC shall ensure the notifications of the victim is recorded in what three locations?

 added as supplementary information to the original eReport
 made in the
 memorandum book or case book
 TPS 483

7

When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–
related charge THE OIC shall ensure the release docs and TPS483 go where?

 a copy of the release documents and the TPS 483 are retained electronically in the designated folder on the division’s Shared Drive
 the TPS 483 and the original copy of the release documents are forwarded to the detective
sergeant

8

the D/S upon receipt of the release documents and completed TPS 483 from the OIC shall
 review the completed documents
 ensure the original documents are forwarded to the _____

appropriate case manager

9

If a person refuses to sign the release docs are they still valid?

A refusal to sign does not invalidate the release.

10

For release docs when should the first appearance date in court be set?

6 weeks

11

After the Form 10 or 11 is completed where shall the OIC ensure it goes?

 attach the ORIGINAL to the INFO
 give a copy to the person
 distribute the 2nd copy as follows
 when a person is WONT NEED DATE FOR PRINTS insert in the BRIEF, or
 when a person NEEDS PRINTS after release, forward to the respective Central lock–up

12

What is a Form 10

Promise to Appear

13

What is a Form 11

Recognizance entered into before an OIC

14

What is a From 11.1

Undertaking Given to OIC

15

What release form can you use if the person lives outside of Ontario or more then 200km from place of custody?

Form 11 WITH deposit, the value of which cannot be more then $500

16

What conditions can an accused be compelled to agree to when releasing on a Form 11.1? (11)

 REPORT at times specified to a peace officer or other person designated
 abstain from the consumption of ALCOHOL
 abstain from the consumption of DRUGS except in accordance with a medical prescription
 REMAIN in a territorial jurisdiction; notify a peace officer or another person of any change of address, employment or occupation
 abstain from COMMUNICATING, directly or indirectly, with any victim, witness or any other person named in the undertaking
 abstain from ATTENDING any place specified in the undertaking
 abstain from possessing a FIREARM
 SURRENDER any firearm in the possession of the person
 surrender any authorization, LICENSE or registration certificate or other document enabling the person to acquire or possess a firearm
 deliver their PASSPORT to a peace officer or other person
 comply with any other condition specified in the undertaking that the officer in charge considers
necessary to ensure the safety and security of any victim of or witness to the offence.

17

Can an accused later have the conditions on the 11.1 changed?

A person who has entered into conditions in compliance with this Procedure may, at any time before or at a court appearance, apply to a Justice for an order to replace or modify the conditions originally agreed upon prior to release.

18

Can the conditions on a Form 11.1 go with both the Form 10 or 11?

Yes, the 10 and 11 is the release docs and the 11.1 is the conditions.

19

The Form 11.1 gets attached to the 10/11 and then is distributed in the same manner, however, what additional steps need to happen with it?

 ensure a copy of the applicable release form and a copy of the Form 11.1 are sent by TPS eFax forthwith to
 RMS – Operations
 the Bail & Parole Enforcement Unit forthwith IF including a reporting condition to Bail & Parole