02-19 Report to a Justice/Order for Continued Detention Flashcards
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 —– 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.
Criminal Code (CC)
Rationale
Under the Provincial Offences Act (POA), a Return to a Search Warrant (——) 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 ———- 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 ——- warrant) and/or property seized. The Justice will determine the disposition of property seized and will hear requests for an Order for —– Detention
TPS 130
procedure
without
Continued
Procedure
Subsection —- 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.
489.1
Procedure
The only exception to this is when drugs are ——- from a suspect during the course of an undercover investigation.
The ————- (PPSC) has given guidance which states that undercover drug purchases are neither ——- nor ——— 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 searches as those who engage in drug trafficking have no reasonable ——-of privacy in their dealings with ———. Additionally, the essence of a seizure under s. 8 of the Charter is the taking of a thing from a person by a public authority without that person’s consent, thus undercover
drug purchases are not seizures given the ——— nature of drug trafficking transactions.
purchased
Public Prosecution Service of Canada
searches nor seizures
expectation
customers
consensual
For provincial matters, a Return To Search Warrant (TPS 130) is required by the Provincial Offences Act (POA) 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 Provincial Offences Statute, and where no procedure for dealing with the seized thing is
otherwise provided by law.
All applications for the detention of property seized shall be made to a Justice at the appropriate court location between ——- and —– 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 04–21 and 05–21 when seizing weapons, firearms and ammunition under ss. 117.02, 117.03 and 117.04 of the CC.
0900 and 1600 hours
Disposition of Property
The police officer may elect to manage seized property in the following manner
——— the property to the lawful owner, if no charges have been laid and there is no ——– as to who is lawfully entitled to possession of the thing seized
——– for further investigation, where charges are pending or no charges laid and includes ———- 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 ——- for direction on the return of property which was seized as evidence,
prior to returning any property to the lawful owner.
return
dispute
hold
abandoned
crown attorney
Retention of Found Property
Police officers are advised that found property is governed by the ———. The following are guidelines for retention:
found bikes: ——– days
all other general property: ——– days
Finders of property listed above are able to claim the found property within a ————- day grace period, provided the retention period has ————–and the lawful owner cannot be ————-.
Police Services Act (PSA)
(30) consecutive
(90) consecutive
seven (7) consecutive
expired
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: CASE
a—————
c————
e—————
s—————–
In addition, when property is seized without warrant, a ————- may file the Form 5.2 under the conditions
outlined in item 3.
affiant of the search warrant
case manager
exhibits officer
seizing officer.
Common informant
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 ———- forms must be completed and inserted into the crown envelope.
The Asset Forfeiture section will co–ordinate and provide expertise in cases involving the seizure of monies and other assets obtained through criminal activity. The Asset Forfeiture section may also ——— 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.
Organized Crime Enforcement – Financial Crimes – Asset Forfeiture (Asset Forfeiture section)
forfeiture
participate
Detective Operations – Forensic Identification Services – Large Seizures
Officers from —————who have large seizures at major crime scenes shall submit an ————- to the case manager listing all property seized. The case manager shall ensure that a Form 5.2 is subsequently completed and filed in court.
Detective Operations – Forensic Identification Services (FIS)
exhibit list
Continued Detention Order
Once seized property has
been entered as an exhibit at a preliminary inquiry, trial or other legal proceeding or
where charges are laid an Order for Continued Detention is —–longer required.
The detention of seized property where no charges are laid shall not exceed ——— from the date of seizure.
When further detention of the seized property is required beyond the three (3) month period, a TPS ———–shall be
completed.
no
three (3) months
143
Continued Detention Order
The cumulative period of detention shall not exceed ——- year from the date of the ———-.
All applications for the continued detention of seized property shall be made before a Justice in the court location where the search warrant was ————- and/or the Form 5.2 was filed.
In circumstances where it is necessary to detain property beyond one (1) year, an application for continued detention shall be made before a ——- Court Justice. Such applications will be made through the Office of the ——— Attorney. ————– LSV is available to provide assistance and direction to the case manager on this process
one (1)
seizure
issued
Superior
Crown
Legal Services (LSV)
Forfeiture Order
In order to ———— dispose of seized property at the completion of a case, it is essential to have the applicable ———- Orders placed inside the crown envelope during the initial investigation.
lawfully
Forfeiture
Member
1. 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
2. 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 —— the search warrant and the officer —— the Form 5.2 with warrant shall be the ——– person
the Report to a Justice Hearing shall be made before a Justice in the —-court location where the search warrant was issued
obtained
signing
same
same
Member
- Officers may use a common informant to file the Form 5.2 when property has been seized ——— a warrant and
the accused is ——-for a show cause hearing
the accused is released on a ——– 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 ———— In the case of a telewarrant shall file the Form 5.2 in the same ———- where the search warrant was executed.
without
held
Form 9
pending
jurisdiction
Member
- When a court officer seizes property during a tour of duty shall comply with
- the applicable items in this Procedures
- Procedure 04–21
- the applicable unit-specific policies. - When attending a Report to a Justice Hearing shall
comply with Procedure 04–21
complete an crown envelope in compliance with Procedure 12–01. Mark in red on the front ‘————’
and insert a copy of
the search warrant and ———–
the synopsis from the ———- outlining
the location of the search
the date and time of the search and seizure
the accused name, a list of charges laid, or the name of the suspect, if known and a list of charges pending
the ———–between any property seized and charges laid or charges pending
the disposition of property seized, including the ——– any property is required to be held
when a search warrant was executed, complete a Form 5.2 with warrant, and appendices if applicable, forthwith
when property is seized without warrant, complete a Form 5.2 without warrant or Form 5.2 without Warrant – Common Informant, and appendices if applicable, forthwith
make —— copies of the Form 5.2 and note at the top of each form which is the original and which are the copies
Report to a Justice
appendices
eReport
connection
reason
two (2)
Member
- When appearing before a Justice, in addition to the above items listed in the crown envelope, may be asked to produce
the original search warrant and appendices, if applicable
a copy of the original ———to Obtain a Search Warrant (Information), if applicable
the seized property when directed by a Justice - Where it is not feasible to transport the seized property to the courthouse shall photograph or ———-the evidence.
Drugs and ——— materials shall not be taken to court.
The Information, or a copy there of, shall not be filed with the Court or placed in the crown envelope
Information
videotape
dangerous