Methods of Release

Question 1

Shall NOT release if…?

Answer 1

s.498(1.1)
PRICES IS NOT MET
public interest
Repetition
Identity
Court
Evidence
Safety and Security of victim/witness

Question 2

What are the Principles of Restraint?

Answer 2

Decision regarding release by peace officer, justice or judge:
- primary consideration to release accused at earliest opportunity
- least onerous conditions that are appropriate in circumstances
- conditions must be reasonable for accused to comply with
- peace officer must take into consideration the grounds under s.498(1.1) PRICES and s.515(1)- jp releasing on bail

Question 3

Release from Custody - Arrest without Warrant?

Answer 3

s.498(1)
if a person has been arrested w/o warrant for an offence and has not been taken before a JP or released
a peace officer shall release the person if:
1. the peace officer intends to compel the person’s appearance by way of summons
2. the peace officer issues an appearance notice to the person; OR
3. the person gives an undertaking to the peace officer

Question 4

Criminal Summons?

Answer 4

• no arrest authority or no need to arrest (PRICE is satisfied)
• compels for court and prints
• criminal information to be sworn to first
• consider principals of restraint s.493.1

Question 5

Appearance Notice?

Answer 5

• arrest authority exists, may arrest or limitation set out in s.495(2)
• release/compel for court and prints
• anywhere
• consider principals of restraint s.493.1
• indictable offence (s.553)
• summary offence
• dual procedure
• if PRICE is satisfied and you MUST have arrest authority to issue an appearance notice (minor crimes)

Question 6

Undertaking?

Answer 6

• following an arrest
• PRICES is satisfied
• release on an undertaking
• release/compel for court and prints
• if accused does not sign = does not invalidate undertaking
• consider least onerous and nexus to offence
• consider principles of restraint s.493.1

Question 7

Additional Conditions for Undertaking?

Answer 7

• report at specified times to peace officer
• promise to pay an amount specified in undertaking - not more than $500 - if they fail to comply with any condition of the undertaking
• deposit with peace officer specified in undertaking
• money/valuable security
  CANNOT impose conditions such as:
• keep peace and good behaviour
• not associate with persons with known criminal record
• not to possess cell phone
• not to possess tools (B&E)

Question 8

How to Compel Someone to Court?

Answer 8

swear to a criminal information before a justice, then a criminal summons will be issued to compel a person to court

Question 9

What are the types of releases available to Peace Officers?

Answer 9

Undertaking
Appearance Notice