Criminal Code Release

Question 1

When an unconditional release occurs in a police station, the officer in charge shall be..

Answer 1

the releasing officer.

Question 2

POLICE OFFICER
Where a person is to be charged with
 an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
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 a dual procedure offence; or
 a summary conviction offence
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 in the

Answer 2

 issue a Form 9 as directed in Appendix A or
 proceed by way of a Criminal Summons in compliance with Procedure 01–09
 when releasing a person on an Form 9 or proceeding by way of a Criminal Summons, ensure they have been served with a TPS 493
 if these terms are not met, arrest and bring the person before the officer in charge

Question 3

Officer in Charge
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
Shall consider the issue of public interest, as well as attendance in court, and

Answer 3

 if these terms are met, compel the person’s appearance in court in the following manner
 proceed by way of a Criminal Summons in compliance with Procedure 01–09
 release on a Form 10 in compliance with Appendix B, or
 release on a Form 11 in compliance with Appendix C
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 4

OIC
When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–related charge shall ensure

Answer 4

 the victim is immediately notified of all release conditions and the next court date of the accused
 the victim is advised to engage in a safety plan, including the use of 9–1–1 in emergency situations, and to contact Victim Services for safety planning information, as appropriate
 the victim is advised to contact the Ministry of the Attorney General’s Victim/Witness Assistance Program  a TPS 483 is completed
 notations of the date, time, person contacted and other details, including attempts made to notify the victim are
 added as supplementary information to the original eReport
 made in the
 memorandum book or case book
 TPS 483
 a copy of the release documents and the TPS 483 are retained electronically in the designated folder on the division’s Shared Drive Computer Application (X Drive)
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 the TPS 483 and the original copy of the release documents are forwarded to the detective sergeant

Question 5

Detective Sergeant

Upon receipt of the release documents and completed TPS 483 from the Officer in Charge shall

Answer 5

 review the completed documents

 ensure the original documents are forwarded to the appropriate case manager