02-19 Report to a Justice / Order of Continued Detention

Question 1

Officers have _______________ to complete and submit documentation for items seized during the execution of a criminal or provincial search warrant and/or during an arrest

a) choice

b) duty

c) need

d) legal requirement

Answer 1

d) legal requirement

Question 2

A report to justice is required by the Criminal Code pursuant to Section 489.1 every time property is seized by a police officer without without warrant

True or False

Answer 2

True

Question 3

The following items are exempt from requiring a report to justice when seized

a) drugs

b) passport

c) motor vehicle

d) none of the above

Answer 3

d) none of the above

Question 4

All form 5.2s must be submitted within _____ days of the execution of the search warrant

a) 14

b) 7

c) 5

d) 10

Answer 4

a) 14 (this is for warrants submitted for review in person)

Question 5

Drugs purchased from a suspect during the course of an undercover investigation are exempt from requiring a 5.2

True or False

Answer 5

True, this is the ONLY exemption that exists

Question 6

Found property is governed by

a) The Police Services Act

b) The Community Safety and Policing Act

c) The Criminal Code

d) Common law

Answer 6

b) The Community Safety and Policing Act

Question 7

Who should be consulted for direction on the returning of property that was seized as evidence

a) the Crown Attorney

b) the OIC of the case

c) Property and Evidence Unit

d) the seizing officer

Answer 7

a) the Crown Attorney

Question 8

A found motor vehicle as defined by the HTA (including a bicycle) may be held for ____ consecutive days

a) 7

b) 14

c) 30

d) 60

Answer 8

c) 30

Question 9

All found general property may be held for ____ consecutive days

a) 20

b) 40

c) 60

d) 90

Answer 9

d) 90

Question 10

Members who may file a Report to Justice (5.2) include

a) involved officer (ie - seizing officer)

b) common informant

c) both a and b

d) none of the above

Answer 10

c) both a and b

Question 11

Members authorized to submit a Report to Justice (5.2) do not include

a) civilian staff

b) Special Constables

c) Bookers

d) none of the above

Answer 11

d) none of the above

Question 12

The detention of seized property were no charges are laid shall not exceed _______ from the date of seizure

a) 14 days

b) 1 month

c) 2 months

d) 3 months

Answer 12

d) 3 months

Question 13

Once seized property has been entered as an exhibit at a preliminary inquiry, trial or other legal proceedings or where charges are laid, an Order of Continued Detention is no longer required

True or False

Answer 13

True

Question 14

The cumulative period of detention for seized property shall not exceed _________ from the date of seizure

a) 6 months

b) 1 year

c) 3 months

d) 2 years

Answer 14

a) 6 months

Question 15

In circumstances where it is necessary to detain property beyond, one year, an application for continued detention shall be made by

a) the OIC

b) any member involved in the investigation

c) the Officer of the Crown Attorney

d) the assigned investigator

Answer 15

c) the Officer of the Crown Attorney

Question 16

In the case of a telewarrant of eTelewarrant shall submit the Form 5.2 as soon as practicable, but not exceeding ____ days from the date the property was seized

a) 10

b) 7

c) 14

d) 5

Answer 16

b) 7

Question 17

There is still a requirement to submit a report to justice 5.2 when abandoned property is seized without warrant and no arrest made or charges laid, or there are no charges pending

True of False

Answer 17

False, There is NO a requirement to submit a report to justice 5.2 when abandoned property is seized without warrant and no arrest made or charges laid, or there are no charges pending

Question 18

What is the exception for seized property that can be taken to the Justice issuing the 5.2 to view in person

a) money

b) drugs

c) dangerous materials

d) b and c

Answer 18

d) b and c

Question 19

When completing and submitting a 5.2, you may be required to produce the seized property to review by the reviewing Justice

True or False

Answer 19

True

Question 20

In circumstances where a Justice refuses to sign a 5.2 including due to unacceptable time delay you shall

a) complete a 649 to the Unit Commander and Property Unit, consult with the Crown to determine to proceed

b) resubmit the 5.2 either in person or by telewarrant

c) speak to the assigned crown attorney who will appeal the decision

d) none of the above

Answer 20

a) complete a 649 to the Unit Commander and Property Unit, consult with the Crown to determine to proceed

Question 21

Upon conclusion of a court case, the Case Manager shall

a) ensure that a return order is completed if applicable

b) update the PDI indicating disposition for the property to PVEMU

c) both a and b

d) none of the above

Answer 21

c) both a and b