Report to a Justice Flashcards
(35 cards)
Officers have a legal requirement to complete and submit documentation for items seized during the execution of a criminal or provincial search warrant and/or during an arrest, or otherwise during the lawful execution of duties. Documentation is still required even in circumstances where _____ after the execution of a judicial authorization or where a warrantless seizure was conducted.
- no items were seized
_____ of the Controlled Drugs and Substances Act (CDSA) required that a Form 5.2 be completed for drug seizures.
- Section 12.1 and 13
_____ of the Provincial Offences Act (POA), a Return to a Search Warrant (POA 0838) is required for property seized under the authority of a search warrant, or when property is seized in a warrantless search during the performance of an officer’s duties under a Provincial Offences Statute, and where no procedure for dealing with the seized thing is otherwise provided by law.
- Pursuant to s. 158.2
Subsection 489.1 of the Criminal Code (CC) legislates that a Form 5.2 is required _____ every time property is seized by a peace officer, with or without warrant:
* in the execution of duties under the CC, or
* any other Act of Parliament
This includes the seizure of drugs or any motor vehicle, with or without a warrant. There are no exceptions outside of the exception outlined below for delaying the submission of a Form 5.2. Any delay may result in the evidence being _____. All Form 5.2’s shall be included in the related eReport no later than _____ from the date the property was seized.
- as soon as is practicable
- excluded from trial
- fourteen (14) days
The police officer shall consult with a crown attorney for direction on the return of property that was seized as evidence, and obtain an _____ pursuant to s.490(1) CC, prior to returning any property to the lawful owner.
- order of disposition of things seized
Police officers are advised that found property is governed by the Community Safety and Policing Act (CSPA). The following are the retention periods for found property.
- Motor vehicles as defined in the Highway Traffic Act (HTA) or a bicycle: _____ consecutive days
- all other general property: _____ consecutive days
Finders of property listed above are able to claim the found property within a _____ consecutive day grace period, provided the retention period has expired and the lawful owner cannot be ascertained.
- thirty (30)
- ninety (90)
- seven (7)
Members authorized to submit a Form 5.2 do not include _____.
- special constables who are members of Court Services.
A common informant must be a peace officer who has been appropriately informed regarding the investigation and seizure. Examples may include
* _____
* _____
* _____
- the affiant of the search warrant
- the case manager
- the exhibit officer
In _____ where property, including cash, is seized as proceeds of crime or offence–related property, officers shall contact the Organized Crime Enforcement – Financial Crimes – Asset Forfeiture (Asset Forfeiture section) _____. When seizing property as proceeds of crime or offence–related, the corresponding forfeiture forms must be completed and scanned into the related eReport for eBrief disclosure.
- all instances
- as soon as possible
Officers from Detective Operations – Forensic Identification Services (FIS) who have large seizures at major crime scenes shall submit an exhibit list to the _____ listing all property seized. The _____ shall ensure that a Form 5.2 is subsequently completed and filed in court.
- case manager
- case manager
The detention of seized property where no charges are laid shall not exceed _____ from the date of seizure.
- three (3) months)
When further detention of the seized property is required beyond the three _____ period, a TPS 143 shall be completed after _____ days’ clear notice was served to the person from whom the item detained was seized, via a TPS141.
The cumulative period of detention shall not exceed _____ from the date of the seizure.
In circumstances where it is necessary to detain property beyond _____, an application for continued detention shall be made before a Superior Court Justice. Such applications will be made through the Office of the Crown Attorney. _____ is available to provide assistance and direction to the case manager on this process.
- three (3) month
- three (3)
- one (1) year
- one (1) year
- Legal Services (LSV)
Where possible, all applications for the continued detention of seized property shall be made before a Justice in the _____.
- court location where the search warrant was issued and/or the Form 5.2 was filed
In order to lawfully dispose of seized property at the completion of a case, it is essential to have the applicable _____ scanned into the related eReport for eBrief disclosure during the initial investigation.
- Forfeiture Orders
In the case of a telewarrant or a eTelewarrant shall submit the Form 5.2 in the same jurisdiction where the search warrant was executed as _____, but not exceeding _____ from the date the property was seized.
- soon as is practicable
- seven (7) days
Report to a Justice - Member
In circumstances where a Justice refused to sign a Form 5.2, including unacceptable time delay, shall
* complete a TPS 649 outlining the date and time, court location, name of the Justice and the circumstances, and submit to the _____ through the _____ to
- the _____
- Property & Video Evidence Management Unit (PVEMU)
* Consult with the Crown to determine how to proceed
- Unit Commander
- next level supervisor
- Unit Commander
Report to a Justice - Member
If a Justice refused to sign a Form 5.2 and does not recognize the common informant status shall
* request that the _____
* notify the _____ by e-mail of the refusal, and request that the _____ attend in person to file the Form 5.2
* complete a TPS 649 outlining the date and time, court location, name of the Justice and the circumstances, and submit to _____
- reasons be given on record
- case manager
- seizing officer
- the Unit Commander through the next level supervisor
The Ministry of the Attorney General will ensure that Crown Attorney are made aware of their obligation under the Criminal Code to request _____ prior to sentencing, if applicable to the case. Once the Justice has signed the _____, the prosecutor is required to follow the established method for returning the Order.
- forfeiture of property seized
- Forfeiture Order
Report to a Justice - Case Manager
Where an application for an Order for Continued Detention of property seized is required shall
* give notice to the court by completing a TPS 141, in triplicate, no later than _____ days prior to the expiration of the current Order for Detention, ensuring the next available Hearing date is used
* serve a copy of the TPS 141 at least three (3) business days (weekends and statutory holidays excluded) before the date of the Hearing on the
person from whom the property was seized, or
lawful owner of the seized property, when ascertainable, or
the parent, adult relative or other adult (refer to Youth Criminal Justice Act), when a young person has been served with a “Notice of Hearing”
* if a search warrant was issued, provide the following documents to the court location where the search warrant was issued and/or the Form 5.2 was filed, at least _____ prior to the Hearing date
- a copy of the original crown envelope, containing
- a copy of the original search warrant and appendices, if applicable
- a copy of the original TPS 143
- a copy of the synopsis from the eReports outlining
- the location of the search
- the date and time of the search
- the accused name and a list of charges laid, or the name of the suspect and a list of charges pending, if known
- the connection between any property seized and charges laid or charges pending
- the reason the property needs to be held
* appear before the Justice at the court with
a copy of the TPS 141
the original search warrant crown envelopeand/or eBrief containing the above mentioned documents, if applicable and,
- a TPS 143, in duplicate
- a copy of the original Form 5.2 and appendices, if applicable
* after the TPS 143 has been signed by the Justice
- scan a copy of the TPS 141and signed TPS 143 to the applicable eReport
- update the PDI application for each related piece of property
- thirty (30)
- two (2) days
_____ means a thing over which a person has surrendered any possessory right or privacy right and which may or may not relate to a crime and/or crime scene and which potentially has some evidentiary value.
- Abandoned Property
_____ means a police officer who swears to an affidavit, commonly used when requesting a search warrant before a Justice.
- Affiant
_____ means a police officer assigned to prepare and manage a case for trial. A case manager is assigned for each Confidential Crown Envelope (crown envelope and/or eBrief) and designated in accordance with established unit policy.
- Case Manager
_____ the purposes of court disclosure means a divisional warrant officer, or an on-duty designate, or a court officer who is a sworn peace officer, during the lawful execution of their duties.
A common informant must be a peace officer who has been appropriately informed regarding the investigation and seizure. Examples may include
* the affiant of the search warrant
* the case manager
* the exhibit officer
Members authorized to submit a Form 5.2 do not include special constables who are members of Court Services
- Common Informant
_____ means the detention of property beyond the initial _____ from the date of seizure.
- Continued Detention
- three (3) months
