Breach Charge Changes

Question 1

Breach Charge Changes

Answer 1

Section 145 – Modified to update wording to account for new release procedures / forms.

Example:
Old 145(3): Fail to comply with Undertaking or Recognizance.
New 145(3): Fail to comply with Appearance Notice or Summons.

Question 2

Youth Criminal Justice Act Amendments

Answer 2

Extrajudicial measures are adequate when YO found failing to comply with sentence or disposition, unless:

• There is history of repetitive failures or refusals; or
• The failure or refusal caused harm, or a risk of harm, to the safety of the public.

Police offers are to: take no action, provide warning, referral to a local program for assistance.

Question 3

Judicial Referral Hearing - S. 523.1cc.

Answer 3

New Section 523.1 creates a new procedure for handling fail to appear matters.

What’s this mean
After breaching, accused can be released by Officer on an Appearance Notice to attend the hearing and not be charged with the breach.
At referral hearing best course of action will be decided.
This can include: take no further action, cancel any other summons, appearance notice, undertaking issue a release order under or detain the accused in custody if justified under S. 515.

Question 4

Judicial Referral Hearing purpose

Answer 4

The purpose is to minimize the number of Administration of Justice Offences before the courts resulting in fewer individuals being detained on those minor offences.

Allows officers to issue an Appearance Notice, without laying a charge and the court can amend conditions later if appropriate.

Question 5

Judicial Referral Hearing Police Procedure

Answer 5

Dealt with at Prov Court:

Appearance notice must have “P1 number” from the original court document – to line the breach up to the court court matter.
Set the hearing date 2 weeks in future.
Appearance Notice submitted through normal court admin channels, receive back a “U number” for the police file.
“U number” used when submitting disclosure – through “Data Anywhere”.