Criminal code release 01-08

Question 1

When a person has been arrested and brought into a police station and is to be charged with
 an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
 a dual procedure offence
 a summary conviction offence, or
 any offence punishable by imprisonment for five (5) years or less
What shall an OIC consider?

Answer 1

The OIC shall consider the issue of public interest, as well as attendance in court, and
if these terms are met, compel the person’s appearance in court

Question 2

How may a person be released from a police station (paperwork)

Answer 2

Form 10
Form 11
as well as a Form 11.1

Question 3

How shall a prisoner be released

Answer 3

In the same manner as initially book regardless of the release provision or whether charges have been laid

Question 4

When releasing an accused from the station on sexual assault, criminal harassment or domestic related charge what shall the officer in charge ensure

Answer 4

The victim is immediately notified of all release condition, the next court date of the accused.
The victim is advised to engage in a safety plan
The victim is advised to contact the ministry victim witness assistantance program VWAP

Question 5

The original copies of release documents are forwarded to whom after the accused is released

Answer 5

The Detective Sergeant

Question 6

If a person is taken in to the station and does not meet the requirements for release, how long does the police have to get the person to court

Answer 6

if these terms are not met, cause the person to appear before a Justice without reasonable delay and in any event within 24 hours to
− obtain a judicial interim release, or
− request a detention order

Question 7

When an OIC releases a person, what must they make every effort to ensure

Answer 7

When releasing a person shall make every effort to ensure the safety of that person given the age, gender or condition of the person and the time and location of release

Question 8

When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–
related charge shall ensure release documents are forwarded to whom

Answer 8

Detective Sergeant

Question 9

How many weeks between the date of release and the first court appearance

Answer 9

6 weeks

Question 10

A person may be released on a Form 11 without sureties and, with or without deposit. Under normal circumstances when will a deposit need to be given

Answer 10

Only of the person resides more than 200 km from the place of custody

Question 11

How much can a deposit on a form 11 be

Answer 11

The value of the deposit shall not exceed $500.00

Question 12

Can a release court date exceed 6 weeks

Answer 12

Discretion may be exercised regarding the date of the first court appearance, if deemed
necessary. However, an officer must be prepared to justify the reason for exercising such
discretion.

Question 13

Can an OIC make a person agree to a condition that is not a standard condition

Answer 13

The OIC can make the accused comply with any other condition specified in the undertaking that the officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.

Question 14

Who can modify a condition on the form 11.1

Answer 14

A person who has entered into conditions in compliance with this Procedure may, at any
time before or at a court appearance, apply to a Justice for an order to replace or modify the conditions originally agreed upon prior to release.