Arrest Warrant

Question 1

______________is a written order signed by a judge, Justice of the Peace or coroner, which directs peace officers within the territorial jurisdiction to apprehend the person named or described therein

Answer 1

A warrant to arrest

Question 2

In relation to a Warrant in the First Instance, the ‘public interest’ may include what? (6)

Answer 2

• the accused has fled
• the accused is evading capture
• danger to the public
• danger to the victim and/or witnesses
• nature and/or seriousness of the offence
• all attempts to locate the suspect have been exhausted

Question 3

Who retains the discretion to release when the warrant is endorsed?

Answer 3

The Officer in Charge

Question 4

Bench Warrants
When a person is arrested pursuant to a Superior Court bench warrant, the \_\_\_\_\_\_\_\_\_\_\_ shall be advised forthwith by telephone, voicemail or TPS eFax of the following information
 name of the accused
 date of birth
 charge
 date of issue of the bench warrant

Answer 4

Superior Court Liaison Detective

Question 5

What are the two instances when a Material Witness Warrant may be issued? (2)

Answer 5

for a witness who is evading service of a subpoena or has not appeared in court after being served a subpoena.

Question 6

Following an arrest in relation to a Material Witness Warrant, is a bail hearing held? and, is the arrested person fingerprinted?

Answer 6

A bail hearing must be held.

No fingerprints when arrested solely for a material witness warrant

Question 7

Civil Warrants
There are two (2) types of civil warrants for arrest; namely, _________ and _________. Members executing a civil warrant shall also comply with Procedure 02–14.

Answer 7

Small Claims Court warrants and Civil Court warrants

Question 8

Medical Orders
When a patient either refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a contagious, virulent or infectious disease, the _____________ gives the Medical Officer of Health (MOH) having jurisdiction the authority to apply for a court order to compel the named person to be detained for treatment

Answer 8

Health Protection and Promotion Act

Question 9

Entry to a Dwelling–House to Execute an Arrest Warrant

Entry to a dwelling–house to affect an arrest is prohibited unless (5)

Answer 9

• the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
• the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
• when there are reasonable grounds to suspect that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
• when there are reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
• in circumstances of fresh pursuit