02-01 Arrest Warrants

Question 1

_________ who, on reasonable grounds believes that a person has committed an offence may lay an information in writing and under oath before a Justice

a) a Police Officer

b) a Peace Officer

c) a Crown Attorney

d) Anyone

Answer 1

d) Anyone

Question 2

When a Justice issues either a summons or warrant for the arrest of the accused it

a) compels them to attend before a Justice to answer to the charge

b) compels them to attend before a Justice for the territorial division to answer to the charge

c) requires them to turn themselves in at their near police division.

d) none of the above

Answer 2

b) compels them to attend before a Justice for the territorial division to answer to the charge

Question 3

A peace officer, who believes that an offence has been committed by a person not yet apprehended, may seek a warrant in the 1st. The Justice must be given reasonable grounds to believe that it is in the public interest and may include

a) the accused fled, the accused evaded capture, danger to the public, danger to victim/witness, nature/seriousness of offence, all attempts have been exhausted

b) the accused fled, the accused evaded capture, danger to the public, danger to victim/witness, nature/seriousness of offence, all attempts have been exhausted, accused is of no fixed address

c) the accused fled, the accused evaded capture, danger to the public, danger to victim/witness, nature/seriousness of offence

d) the accused fled, the accused evaded capture, danger to the public, danger to victim/witness, nature/seriousness of offence, all attempts have been exhausted, the accused has a lengthy criminal record

Answer 3

a) the accused fled, the accuse evaded capture, danger to the public, danger to victim/witness, nature/seriousness of offence, all attempts have been exhausted

Question 4

Persons arrested on a non-endorsed warrant do not need to be presented in the court.

True or False

Answer 4

False, a person arrested on a warrant in the first (non-endorsed) must be presented to the court for a bail hearing unless the warrant was endorsed by the issuing Justice authorizing the release by the OIC

Question 5

A warrant of committal may be issued by the court upon the conviction of an accused for an offence. It directs police officers to arrest the named/described individual and generally, in default of payment of monetary penalty set by the court, to serve a period of time in jail.

True of False

Answer 5

False, A warrant of committal may be issued by the court upon the conviction of an accused for an offence. It directs PEACE OFFICERS to arrest the named/described individual and generally, in default of payment of monetary penalty set by the court, to serve a period of time in jail.

Question 6

Persons arrested solely on warrants of committal are not to be brought before court.

True or False

Answer 6

True, they are to be processed according to instructions contained within the body of the warrant

Question 7

A Bench Warrant is an arrest warrant in Form ___ issued by a Justice having jurisdiction when an accused has failed to attend court.

a) 6

b) 5

c) 7

d) 8

Answer 7

c) 7

Question 8

A surety accepts what responsibility when acts as such for an accused

a) the good conduct of the accused

b) that they will be in the company 24 hours a day, 7 days a week

c) their appearance in court

d) both a and c

Answer 8

d) both a and c

Question 9

If an accused breaches, the consequences to the surety are limited to

a) loss of money put up as collateral

b) loss of property put up as collateral

c) them never again being allowed to be a surety for any accused

d) both a and b

Answer 9

d) both a and b

Question 10

A person arrested on a material witness warrant shall be fingerprinted before either being released or taken to court

True or False

Answer 10

False, a person solely arrested for a material witness warrant shall not be fingerprinted

Question 11

A material witness warrant are issued by a Justice for the apprehension of a witness who

a) is evading service of a subpoena

b) has moved or is currently of no fixed address

c) is evading service or a subpoena or has not appeared in court after being served a subpoena

d) has not appeared in court after being served with a subpoena

Answer 11

c) is evading service or a subpoena or has not appeared in court after being served a subpoena

Question 12

Bail hearing must occur to determine if the witness should be released until required to appear and give evidence

True or False

Answer 12

True

Question 13

Under Section A55(1) of the Immigration and Refugee Protection Act (IRPA), the CBSA may issues a warrant for arrest and detention to a _________________ or_______________ whom they have reasonable grounds to believe is inadmissible and is a danger to the public

a) permanent resident, refugee

b) permanent resident, foreign national

c) permanent resident, landed immigrant

d) all of the above

Answer 13

b) permanent resident, foreign national

Question 14

The Family Responsibility Office (FRO) is a centralized enforcement program mandated to enforce child support in the Province of Ontario

True or False

Answer 14

False, the Family Responsibility Office (FRO) is a centralized enforcement program mandated to enforce child support AND SPOUSAL SUPPORT in the Province of Ontario

Question 15

The main duty of staff at the Family Responsibility Office is to

a) give legal advice for child and spousal support situations

b) commence and conduct proceedings on behalf of support recipients in family court to ensure payments are made

c) be the liaison between police and the reporting party

d) none of the above

Answer 15

b) commence and conduct proceedings on behalf of support recipients in family court to ensure payments are made

Question 16

If a payer fails to attend a Family Responsibility & Support Arrears Enforcement Act (FRSAEA) hearing, the court may issue a warrant for their arrest and they are to be held until such payment is made

True or False

Answer 16

False, if a payor fails to attend a FRSAEA hearing, the court may issue a warrant for their arrest. The warrant directs officers to take the named person to court so that a Justice can issue an undertaking to appear, directing them to attend court at a later date.

Question 17

The following are types of Civil Warrants

a) small claims court warrants

b) civil court warrants

c) lean warrants

d) a and b

Answer 17

d) a and b

Question 18

A medical order is when a patient either refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a ________ , _________, or ____________

a) contagious, virulent, infectious disease

b) contagious, virulent, airborne disease

c) contagious, virulent, or mental health disease

d) none of the above

Answer 18

a) contagious, virulent, infectious disease

Question 19

A medical order compels a person to be detained for treatment, and is specific to a _________, __________, and _________________________.

a) time period, named person, geographical region

b) named person, name hospital, and police service in the jurisdiction where the application is made

c) named person, any hospital, and police service in the jurisdiction where the application is made

d) none of the above

Answer 19

b) named person, name hospital, and police service in the jurisdiction where the application is made

Question 20

Each Division in the City of Toronto has an assigned medical facility in which a person needing treatment and control of contagious, virulent, or infectious diseases may go

True or False

Answer 20

False, the West Park Healthcare Centre, located at 82 Buttonwood Avenue in 12 Division is the only medical facility in Ontario for treatmen and control of contagious, virulent, or infectious diseases

Question 21

A warrant may be executed

a) between the hours of 6am - 9pm

b) whenever it is deemed the safest time to execute it

c) at any time, unless otherwise indicated on the warrant

Answer 21

c) at any time, unless otherwise indicated on the warrant

Question 22

Entry to a dwelling house to affect an arrest is prohibited unless

a) the arrest warrant is endorsed with an authorization to enter under Section 529(1)

b) the arrest warrant is accompanied by a seperate entry authorization warrant issued under Section 529.1

c) where that are reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person

d) where there are reasonable ground to believe that evidence relating to the commission of an indicatable offence is present and entry is necessary to prevent imminent loss or destruction of it

e) in fresh pursuit

f) all of the above

Answer 22

f) all of the above

Question 23

When executing an arrest warrant shall

a) notify an Operations Supervisor at Communications

b) ensure proper announcement is made prior to entry

c) ensure the Duty Officer is aware

d) a and b

Answer 23

d) a and b

Question 24

When seizing property during the execution of an arrest warrant shall file the applicable search warrant return with ____ days of execution at the courthouse

a) 5

b) 6

c) 7

d) 14

Answer 24

c) 7

Question 25

Only the Criminal Code requires that a 5.2 be required when property is seized without warrant

True or False

Answer 25

False, a 5.2 is also required when property is seized under the Provincial Offences Act (POA)

Question 26

When executing an arrest warrant in another province shall ensure the presence of

a) a tactical team

b) the Duty Officer of that respective Police Service

c) officers having jurisdiction of that province

d) b and c

Answer 26

c) officers having jurisdiction of that province

Question 27

It is imperative that when investigating a person on a warrant that

a) Records Management is contacted to confirm the warrant is still valid

b) You ensure the individual is the person named/described in the warrant

c) that the OIC is made aware

d) a and b

Answer 27

d) a and b

Question 28

When investigating a person named on a medical order for the City of Toronto shall

a) take proper precautions, pick up the medical order from RMS, contact the medical facility on the order, deliver the person in accordance with the Order to the medical facility

b) take proper precautions, pick up the medical order from RMS, contact the medical facility on the order, deliver the person in accordance with the Order to a police facility until taken to a medical facility

c)take proper precautions, pick up the medical order from RMS, contact the medical facility on the order, contact DAS to transfer patient on your behalf

d) take proper precautions, pick up the medical order from RMS, deliver the person in accordance with the Order to the medical facility

Answer 28

a) take proper precautions, pick up the medical order from RMS, contact the medical facility on the order, deliver the person in accordance with the Order to the medical facility

Question 29

Arrest warrants may be endorsed by the issuing Justice. In circumstances where a warrant is endorsed for release, the arresting officer must consider releasing the arrested person in compliance with the procedures contained in Chapter 1

True or False

Answer 29

False, Arrest warrants may be endorsed by the issuing Justice. In circumstances where a warrant is endorsed for release, the OFFICER IN CHARGE must consider releasing the arrested person in compliance with the procedures contained in Chapter 1

Question 30

For a material witness warrant or surety warrant, without the original information being present in court, jurisdiction over the case may be lost and

a) the individual would have to be held until it is received

b) the individual may be released

c) the lawyer of person must be called immediately and advised

d) none of the above

Answer 30

b) the individual may be released

Question 31

In regards to out of province warrants, a remand warrant allows a person to be held for up to ___ days, until travel arrangements can be made

a) 7

b) 5

c) 6

d) 10

Answer 31

c) 6

Question 32

When assigned to the Warrant Office, an officer shall review the warrants files regularly ___________

a) to make sure the wanted person has not died

b) for validity

c) to make sure the hard copy hasnt been misplaced

d) none of the above

Answer 32

b) for validity