Section 2 Flashcards
(19 cards)
Can anyone lay an information for an arrest warrant?
- anyone who has RGB a person has committed an offence may lay an information in writing and under oath before a Justice
who can sign an arrest warrant?
- written order signed by a Judge, Justice of the Peace or coroner that directs peace officers within that territorial jurisdiction to apprehend the named person.
Warrant in first is presented by and to who?
what may “public interest” include?
- peace officer believes person (not yet apprehended) has committed an offence and presents an Information giving the reasonable grounds to a Justice.
- may include: accused has fled, accused is evading capture, danger to the public, danger to victims/witnesses, nature/seriousness of the offence, cannot locate the suspect.
when a person is arrested for a Superior court bench warrant, who shall be advised and with what information?
court services unit at superior court shall be advised with name of the accused, DOB, charge, date of issue of the bench warrant
when a superior court bench warrant is issued, who will notify who?
Court Services unit at Superior court shall advise the warrant officer of the division in which the original charges were laid.
Medical orders issued by who and when?
- when a person either refuses treatment or has escaped from a medical facility while receiving treatment for a contagious, virulent or infectious disease, MOH (Medical Officer of Health) can apply for a court order to compel that person to be detained for treatment.
- order is specific to a named person, named hospital and police service in the jurisdiction where the application is made.
where is the only facility in Ontario for the treatment/control of contagious, virulent or infectious disease
West Park healthcare Centre - 82 Buttonwood Ave - D12
when may an arrest warrant be executed?
- any time, unless otherwise indicated
- within the territorial jurisdiction by one or more officers or if fresh pursuit, anywhere in Canada
- in another jurisdiction, provided it is endorsed by a Justice having authority to authorize the execution of the warrant in that jurisdiction.
Explain sec 529.3(1) CC as it applies to authority to enter a dwelling house without warrant
may enter a dwelling house to apprehend/arrest without warrant if RGB person is present in the dwelling AND the conditions for obtaining a warrant under s 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
Unless exigent circumstances to enter a dwelling to execute an arrest warrant, members shall obtain what?
- an endorsement on the arrest warrant under ss 529(1)CC
- an authorization warrant (Form 7.1) under s 529.1CC
when dealing with a person on an out of jurisdiction medical order who shall you contact?
- the hospital named on the order
- the MOH named on the order
- the MOH for Toronto
If you arrest someone on an out of province warrant and the originating service will return the person what shall you do?
- take the person before a Justice to obtain a Form 19 remand warrant.
how long can a person be held on a remand warrant
6 days
When is a report to Justice (Form 5.2) required?
every time property is seized by a peace officer with or without warrant (s 489.1 CC)
When should a 5.2 be completed and included in the case?
as soon as practicable and included in the case no later than 14days from time of seizure.
how may a police officer elect to manage seized property?
- return to lawful owner if no charges laid and there is no dispute as to who is lawfully entitled to possession
- hold for further investigation, where charges pending or no charges laid and includes abandoned property
- continued detention where charges are laid, and the seized property is required for further invest, prelim, trial or other proceeding.
when search warrant executed, who may complete the 5.2?
- an involved officer (such as seizing officer)
- common informant (affiant, case manager, exhibit officer)
When is an order for continued detention not required?
-when charges have been laid or when seized property has been entered as an exhibit in prelim etc.
How long can property be kept when no charges are laid? what is the process if you want to keep the property for longer?
- what is the cumulative amount of time to detain property and what if you want it longer than that?
- 3 months
- begin the process for continued detention hearing. Complete form 3 days clear after notice given to the person item was seized from.
- shall not exceed 1 year. If want the property past a year must present the application for continued detention to a Superior Court Justice (made through Crowns office)
