Bail Hearings And Detention Orders Flashcards
When an accused person has been arrested while on an interim release shall commence the revocation of bail process when the original offense is one of the following:
Murder or attempt murder Any assault including domestic or sexual Robbery Extortion Threatening Weapons offences Criminal harassment or Intimidation Mischief to prop (attempt to intimidate) Any crim org or gang related activity Drug trafficking Including p4p trafficking
Warrant to arrest
A written order signed by a judge, justice of the peace or corner, which directs peace officers within the territorial jurisdiction to apprehend the person named or described Therein
Warrant in the first instance
A peace officer who believes that an offense has been committed by a person not yet apprehended May seek a warrant in the first upon presentation of an information to a justice. The Justice must be given reasonable grounds to believe that it is in the public interest that I want to be issued the public interest may include:
The accused has fled
The accused is evading capture
Danger to the public
Danger to the victim and/or witness
Nature and/or seriousness of the offense
All attempts to locate the suspect have been exhausted
Warrants of committal
issued by the court upon the conviction of an accused for an offense. IT directs peace officers to arrest the named / described individual and generally, in default of payment of monetary penalty set by the court to serve a period of time in jail
Bench warrant
Is an arrest warrant informed seven issued by a Justice having jurisdiction when the accused has failed to attend court
- when directed by summons, appearance notice, promise to appear, recognizance entered before an officer in charge judicial interim release
- when directed by the court to return on a subsequent date
Surety warrant
When the person who is acting as a surety appears before Justice and request relief from the obligations of being a surety
Material witness Warrant
A witness who is evading service of a subpoena or has not appeared in court after being served a subpoena. no charge is laid as a result of the warrant being issued
Immigration warrant
Arrest and detention of a permanent resident or a foreign National whom the officer has reasonable grounds to believe is inadmissible and is it danger to the public or is unlikely to appear for examination for an admissibility hearing, for removal from Canada or at a proceeding that could lead to making of a removal order by the Minister
Family responsibility arrest warrant
If a support pair fails to attend a FRASAEA default hearing the court May issue a warrant for arrest
FAMILY RESPONSIBILITY AND SUPPORT ARREARS ENFORCEMENT ACT
Medical order
When a patient refuses to be confined for treatment or has escaped from a medical facility while undergoing treatment for a contagious, virulent of infectious disease the health protection and promotion act gives the medical officer if health the authority to apply for court order to compel the named person to be detained for treatment
