02-19 Report to a Justice/Order for Continued Detention Flashcards
What is the Rationale?
The management of all property seized by members of the Toronto Police Service (Service) is an integral part in the administration of justice. A Report to a Justice (Form 5.2) is required by the Criminal Code (CC) every time property is seized by a peace officer with or without warrant.
Section 13 of the Controlled Drugs and Substances Act (CDSA) requires that a Form 5.2 be completed for drug seizures.
Under the Provincial Offences Act (POA), a Return to a Search Warrant (TPS 130) is required for property seized under the authority of a search warrant, or when property is seized in a warrantless search during the performance of an officer’s duties under a Provincial Offences Statute, and where no procedure for dealing with the seized thing is otherwise provided by law.
A Form 5.2 is an official document, presented during a hearing to a Justice, indicating the results of a search conducted (with or without warrant) and/or property seized. The Justice will determine the disposition of property seized and will hear requests for an Order for Continued Detention.
Procedure - Subsection 489.1 of the Criminal Code (CC) legislates that a Report to a Justice (Form 5.2) is required every time property is seized by a peace officer, with or without warrant:
in the execution of duties under the CC, or
any other Act of Parliament
This includes the seizure of drugs or any motor vehicle, with or without a warrant.
Procedure - The only exception to this is_______. The Public Prosecution Service of Canada (PPSC) has given guidance which states that undercover drug purchases are neither searches nor seizures within the meaning of s. 8 of the Constitution Act, Part I, Canadian Charter of Rights and Freedoms (Charter). Undercover drug purchases are not considered _______. Additionally, the essence of a seizure under s. 8 of the Charter is the _________, thus undercover drug purchases are not seizures given the consensual nature of drug trafficking transactions.
when drugs are purchased from a suspect during the course of an undercover investigation
searches as those who engage in drug trafficking have no reasonable expectation of privacy in their dealings with customers
taking of a thing from a person by a public authority without that person’s consent
Procedure - For provincial matters, a Return To Search Warrant (TPS 130) is required by the _______ for property seized under the authority of a search warrant, or when property is seized without warrant during the performance an officer’s duties under a ______, and where no procedure for dealing with the seized thing is otherwise provided by law.
Provincial Offences Act (POA), Provincial Offences Statute
Procedure - All applications for the detention of property seized SHALL be made to a
Justice at the appropriate court location between 0900 and 1600 hours, Monday to Friday (weekends and statutory holidays excluded).
Seizure of Weapons, Firearms and Ammunition - In addition to this Procedure, officers SHALL
comply with Procedures 04–21NIP and 05–21 when seizing weapons, firearms and ammunition under ss. 117.02, 117.03 and 117.04 of the CC.
Disposition of Property - The police officer may elect to manage seized property in the following manner
return the property to the lawful owner, if no charges have been laid and there is no dispute as to who is lawfully entitled to possession of the thing seized
hold for further investigation, where charges are pending or no charges laid and includes abandoned property
continued detention of seized property where charges are laid and the seized property is required for further
investigation, preliminary inquiry, trial or other proceeding
The police officer SHALL consult with a crown attorney for direction on the return of property which was seized as evidence, prior to returning any property to the lawful owner.
Retention of Found Property - Police officers are advised that found property is governed by the Police Services Act (PSA). The following are guidelines for retention:
found bikes: thirty (30) consecutive days
all other general property: ninety (90) consecutive days
Finders of property listed above are able to claim the found property within a seven (7) consecutive day grace period, provided the retention period has expired and the lawful owner cannot be ascertained.
Members who may file a Report to a Justice (Form 5.2) - When a search warrant had been executed, the officer completing the Form 5.2 and attending a Report to a Justice Hearing may include:
affiant of the search warrant
case manager
exhibits officer
seizing officer.
In addition, when property is seized without warrant, a common informant may file the Form 5.2 under the conditions outlined in item 3.
Asset Forfeiture / Offence – Related Property - In all instances where property, including cash, is seized as proceeds of crime or offence–related property, officers SHALL contact the_________ as soon as possible. When seizing property as proceeds of crime or offence–related, the corresponding forfeiture forms must be completed and inserted into the crown envelope.
Organized Crime Enforcement – Financial Crimes – Asset Forfeiture (Asset Forfeiture section)
Asset Forfeiture / Offence – Related Property - The Asset Forfeiture section will co–ordinate and provide expertise in cases involving _________. The Asset Forfeiture section may also participate in cases where the investigating unit is unable to provide the necessary resources to conduct the proceeds investigation. Officers SHALL comply with Procedure 05–15. NIP
the seizure of monies and other assets obtained through criminal activity
Detective Operations – Forensic Identification Services – Large Seizures - Officers from Detective Operations – Forensic Identification Services (FIS) who have large seizures at major crime scenes SHALL submit an_______. The case manager SHALL ensure that a _____ is subsequently completed and filed in court.
exhibit list to the case manager listing all property seized
Form 5.2
Continued Detention Order - Once seized property has _______ an Order for Continued Detention is no longer required.
been entered as an exhibit at a preliminary inquiry, trial or other legal proceeding or
where charges are laid
Continued Detention Order - The detention of seized property where no charges are laid SHALL not exceed ____ from the date of seizure.
three (3) months
Continued Detention Order - When further detention of the seized property is required beyond the three (3) month period, a _____ SHALL be completed.
TPS 143
Continued Detention Order - The cumulative period of detention SHALL not exceed ______ from the date of the seizure.
one (1) year
Continued Detention Order - All applications for the continued detention of seized property SHALL be made before a _______ and/or the ______ was filed.
Justice in the court location where the search warrant was issued, Form 5.2
Continued Detention Order - In circumstances where it is necessary to detain property beyond one (1) year, an application for continued detention SHALL be made before a ________. Such applications will be made through the _________. Legal Services (LSV) is available to provide assistance and direction to the case manager on this process.
Superior Court Justice, Office of the Crown Attorney
Forfeiture Order - In order to lawfully dispose of seized property at the completion of a case, it is essential to have the applicable ______ placed inside the crown envelope during the initial investigation.
Forfeiture Orders
Member - After seizing property with or without warrant, the police officer seizing the property SHALL
complete the applicable Form 5.2
place the paperwork into the crown envelope
Member - When property has been seized as a result of the execution of a search warrant and
charges laid, or
no charges laid, or
charges are pending
whenever possible, the police officer who obtained the search warrant and the officer signing the Form 5.2 with
warrant SHALL be the same person
the Report to a Justice Hearing SHALL be made before a Justice in the same court location where the search warrant was issued
Member - Officers may use a common informant to file the Form 5.2 when property has been seized without a warrant and
the accused is held for a show cause hearing
the accused is released on a Form 9 or Form 10
charges are laid and/or proceeding by way of a Criminal Summons
charges are pending.
Items 2 and 3 also governs when property is seized for further investigation and charges are pending.
There is no requirement to complete a Form 5.2 when abandoned property is seized without warrant and
no arrest is made or charges laid, or
there are no charges pending.