01-08 Criminal Code Release

Question 1

What is the role of the Officer in Charge when a person is arrested and charged with specific offences?

Answer 1

To consider the issue of public interest and attendance in court, and compel the person’s appearance in court if terms are met

This applies to indictable offences within the absolute jurisdiction of a Provincial Court Judge, dual procedure offences, summary conviction offences, or offences punishable by imprisonment for five years or less.

Question 2

What are the methods an Officer in Charge can use to compel a person’s appearance in court?

Answer 2

Proceed by way of a Criminal Summons, release on a Form 10, release on a Form 11

These methods are used when the terms of public interest and attendance are met.

Question 3

What must an Officer in Charge do if the terms for release are not met?

Answer 3

Cause the person to appear before a Justice without reasonable delay, within 24 hours

This is to obtain a judicial interim release or request a detention order.

Question 4

What additional conditions can an Officer in Charge impose when using Form 11?

Answer 4

Compel an accused to enter into conditions by way of Form 11.1

This allows for specific conditions tailored to the case.

Question 5

What specific actions must be taken when releasing an accused from the station on charges related to sexual assault, criminal harassment, or intimate partner violence?

Answer 5

Ensure the victim is notified of release conditions and court date, advise on safety planning, contact Victim Services, complete TPS 483, and document details

This includes making notations in the memorandum book or case book and forwarding necessary documents to the detective sergeant.

Question 6

True or False: An Officer in Charge must notify the victim of the accused’s next court date upon release.

Answer 6

True

Victim notification is crucial for safety and legal processes.

Question 7

Fill in the blank: An Officer in Charge should advise the victim to engage in a _______ plan.

Answer 7

safety

This includes emergency contacts like 9-1-1 and other safety measures.

Question 8

What is the purpose of completing a TPS 483 during the release process?

Answer 8

To document the release conditions and details of victim notification

This ensures accountability and proper communication.

Question 9

List the documents an Officer in Charge must forward to the detective sergeant after releasing an accused.

Answer 9

• TPS 483
• Original copy of the release documents

These documents are essential for record-keeping and follow-up.

Question 10

What does the Officer in Charge need to document regarding victim notifications?

Answer 10

Date, time, person contacted, and other details of attempts made to notify the victim

This documentation is critical for legal and safety reasons.