02-19 - Report to a Justice -Definitions Flashcards
Abandoned Property
a thing over which a person has surrendered any possessory right or privacy right and which may or may not relate to a crime and/or crime scene and which potentially has some evidentiary value.
Affiant
a police officer who swears to an affidavit, commonly used when requesting a search warrant before a Justice.
Case Manager
a police officer assigned to prepare and manage a case for trial. A case manager is assigned for each Confidential Crown Envelope (crown envelope) and designated in accordance with established unit policy.
Common Informant
the purposes of court disclosure means a divisional warrant officer, or an on-duty designate, or a court officer who is a sworn peace officer, during the lawful execution of their duties.
- Court Officers may only act as a Common Informant for the purposes of bringing a Form 5.2 before a Justice when property has been seized and the accused has been show caused (first appearance only) and the Form 5.2 is completed correctly and is in the crown envelope at the time the accused is being held for a show cause hearing.
Continued Detention
the detention of property beyond the initial 3 months from the date of seizure.
Exhibits Officer
a police officer delegated to seize all property, commonly used when a search warrant is executed.
Forfeiture means:
seizure of private property because
- it was illegally obtained, or
- it is an illegal substance, or
- the legal basis for possession has ended.
Forfeiture Order
an Order prepared and signed by a Justice to authorize the disposal of seized property by the Public Prosecution Service of Canada (PPSC) and/or the Ministry of the Attorney General (MAG).
Found Property
any property which was located by a member or a citizen and turned over to a member, and the item (at the time) has no apparent evidentiary value.
Informational Material
information obtained from a thing that is seized.
A Justice means
a Justice of the Peace or a Provincial Court Judge
Peace Officer - Report to Justice for the purposes of filing a Report to Justice means:
a police officer, or a court officer who is a sworn peace officer.
Property means:
any article and/or document found by, seized by, surrendered to, or intended to be surrendered to a Service member.
Seized Property means:
a thing, including informational material, seized from a person and/or place, with or without a warrant, by a peace officer without that person’s consent.
Seizing Officer means:
a peace officer who has seized property, either with or without a search warrant, and includes a court officer during the lawful execution of their duties.
