01-08 Criminal Code Release

Question 1

A person under arrest shall be released unconditionally when it is determined that

a) there are no cars available for transport

b) charges will not be laid

c) charges will be laid at another time

d) both b and c

Answer 1

d) both b and c

Question 2

When an unconditional release occurs in a police station, _________shall be the releasing officer

a) booker

b) arresting officer(s)

c) any available officer or investigator

d) OIC

Answer 2

d) OIC

Question 3

When releasing a person on a Form 9 or proceeding by way of Criminal Summons, ensure that they have been served with a TPS 483

Answer 3

False, they are to be served with a TPS 493 - What you need to know

Question 4

When a person has been arrested and brought into a police station and is charged with the following (4) types of offences, and OIC shall consider if they will be kept in custody

a) indictable offence falling within absolute jurisdiction of a provincial court judge, a dual procedure offence, a summary conviction offence, any offence punishable by imprisonment for five (5) years of less

b) indictable offence falling within absolute jurisdiction of a provincial court judge, a dual procedure offence, a summary conviction offence, any offence punishable by imprisonment for five (5) years or more

Answer 4

a) indictable offence falling within absolute jurisdiction of a provincial court judge, a dual procedure offence, a summary conviction offence, any offence punishable by imprisonment for five (5) years of less

Question 5

If terms are met, an OIC can compel a persons appearance in court in the following manners

a) proceed by way of criminal summons, release on a Form 10

b) proceed by way of criminal summons, release on a Form 10, release on a Form 11

c) release on a Form 10, release on a Form 11

d) none of the above

Answer 5

b) proceed by way of criminal summons, release on a Form 10, release on a Form 11

Question 6

If terms of release are not met for release, the person is to appear before a Justic without reasonable delay and in any event within ____ hours to obtain a judicial interim released or request a detention order

a) 12 hours

b) 24-28 hours

c) forthwith

d) 24 hours

Answer 6

d) 24 hours

Question 7

In addition to the provisions of release set out in a Form 10 or 11, an OIC may also compel an accused to ______________________

a) arrange a surety

b) surrender their passport

c) enter into conditions by way of a Form 11.1

d) advise the investigating officer of any change of address

Answer 7

c) enter into conditions by way of a Form 11.1

Question 8

When an accused is released from the station for sexual assault / criminal harassment / intimate partner violence charges, it is important that the victim

a) is immediately notified of the released conditions and given the court date

b) is advised to engage in safety planning, including 911 emergency situations, and to contact Victims Services

c) is advised to contact the Ministry of of the Attorneys General Victim / Witness Assistance Program

d) all of the above

Answer 8

d) all of the above

Question 9

Where should a TPS 483 (Victim Information Form) be placed upon the victim being notified

a) given to the OIC

b) in the crown brief

c) on the divisions shared drive

d) none of the above

Answer 9

c) on the divisions shared drive