01-08 Criminal Code Release Flashcards
What is the Rationale?
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. A letter on the Service’s letterhead indicating such authorization is available at all court offices and must be produced when requested in court.
Unconditional Release - A person under arrest SHALL be released unconditionally 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.
Police Officer - When a person in custody is released unconditionally SHALL
comply with Procedure 01–01.
Police Officer - Where a person is to be charged with
an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
a dual procedure offence; or
a summary conviction offence
SHALL consider the issue of public interest, as well as attendance in court, and
if these terms are met, compel the person’s appearance in court in the following manner - issue a Form 9 as directed in Appendix A or
proceed by way of a Criminal Summons in compliance with Procedure 01–09 NIP
when releasing a person on an Form 9 or proceeding by way of a Criminal Summons, ensure they have been served with a TPS 493
if these terms are not met, arrest and bring the person before the officer in charge in compliance with Procedures 01– 01 and 01–03
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 public interest, as well as attendance in court, and
if these terms are met, compel the person’s appearance in court in the following manner
proceed by way of a Criminal Summons in compliance with Procedure 01–09 NIP
release on a Form 10 in compliance with Appendix B, or
release on a Form 11 in compliance with Appendix C
if these terms are not met, cause the person to appear before a Justice without reasonable delay and in any event within twenty four (24) hours to
obtain a judicial interim release, or
request a detention order
Officer in Charge - In addition to the provisions of release set out in a Form10 or 11, n officer in charge may also compel an accused to enter into conditions by way of a
Form 11.1 in compliance with Appendix D.
Officer in Charge - Prior to releasing a person SHALL
review the contents of the Confidential Crown Envelope ensuring the case manager has complied with the requirements of Procedure 12–01. NIP
Officer in Charge - When releasing a person SHALL
make every effort to ensure the safety of that person given the age, gender or condition of the person and the time and location of release.
Officer in Charge - When releasing a person SHALL ensure they have been served with a
TPS493.
Officer in Charge - In circumstances when a prisoner has been paraded before an officer in charge, 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.
Officer in Charge - When releasing an accused from the station on sexual assault, criminal harassment, or a intimate partner violence–related charge SHALL ensure
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 Victim/Witness Assistance Program
A TPS 483 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 (XDrive)
the TPS 483 and the original copy of the release documents are forwarded to the detective sergeant
Detective Sergeant - Upon receipt of the release documents and completed TPS 483 from the Officer in Charge SHALL
review the completed documents
ensure the original documents are forwarded to the appropriate case manager
