Arrest Warrants 02-01 Flashcards
If an accused is arrested on a warrant in the first, must the accused be presented to the court for a bail hearing
Yes, except if the warrant was
endorsed by the issuing Justice authorizing the release of the arrested person by an officer in charge
When is a warrant in the first used
peace officer, who believes that an offence has been committed by a person not yet apprehended
When is a warrant of committal used
Used generally, in default of payment of monetary penalty
set by the court, to serve a period of time in jail
When is a bench warrant used
A bench warrant is an arrest warrant in Form 7 issued by a Justice having jurisdiction when an accused has failed
to attend court
If a “Fail to Appear” or additional charge is laid in relation to the execution of a bench warrant issued by the
Superior Court of Justice (Superior Court), where is the charge heard
The Ontario Court of Justice (OCJ).
However, the individual must appear at the Superior Court on the bench warrant before any other court appearances for new or additional charges.
When a superior court bench warrant is issued who advises the warrant officer in the division
Liaison Detective at 361 University
When a superior court bench warrant is executed, who is notified and by whom
Case managers shall advise the Liaison Detective at 361 University Avenue by telephone or TPS eFax of the
execution of a Superior Court bench warrant at the time of processing.
When is a surety warrant issued
A surety warrant is issued when the person who is acting as surety appears before a Justice and requests relief
from the obligations of being a surety
Where must the original order of committal be brought to court from
The original, signed “Order for Committal” must be obtained from Records Management
Services – Operations (RMS–Ops) and brought to the court in order to admit the accused to a detention centre.
When is a material witness warrant issued
Material witness warrants are issued by a Justice for the apprehension of a witness who is evading service of a
subpoena or has not appeared in court after being served a subpoena (s. 698 and 705 CC).
How many types of civilian warrants are there
There are two (2) types of civil warrants for arrest; namely, Small Claims Court warrants and Civil Court warrants.
When are medical orders issued
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,
Where is the only hospital in Ontario located to handle treatment and control of contagious diseases
The West Park Healthcare Centre, located at 82 Buttonwood Avenue (in 12 Division), is the only medical facility in Ontario for treatment and control of contagious, virulent or infectious disease.
How many days does an officer have to file a search warrant return when seizing property during the execution of an arrest warrant
When seizing property during the execution of an arrest warrant shall
file the applicable search warrant return within seven (7) days of the execution at the court location indicated in the Notice to Occupant section
Is a Form 5.2 required when property is seized under a POA search warrant
No, form 5.2 is only required forby the Criminal Code, a TPS 130 is required for the POA seizure
