Provincial Offences Act Flashcards
What is stated within the Provincial Offences Act?
- no offences or charges
- only procedures
- umbrella for all statutes (Highway Traffic Act)
What court do Provincial Offences Act occur in?
Ontario Court (provincial division)
What is the judge in provincial offences?
provincial judge or justice of peace
What is a police officer?
chief of police or other police officer but does not include special constable or by-law
What is a provincial offences officer?
police officer or anyone designated in writing by minority of crown
What are authorities?
if individual provincial statute does not state authority (ex. arrest) an officer should refer to the provincial offences act
Arrest without a warrant? (s.145)
anyone may arrest on reasonable and probable grounds if person committed offence & escaping from police, must turn person over to police.
Arrest with warrant? (s.144)
police can arrest person whom warrant is directed to in Ontario
Use of Force? (s.146)
every police officer acting on reasonable and probable ground is justified in using as much force as necessary to do as required by law.
Limitation of action? (s.76 (1))
under POA proceedings must be commenced no later than six months from date of offence. limited may be extended (rarely)
Search warrant? (s. 158)
justice issues warrant when they believe reasonable ground there is in a building, receptacle or place where:
- anything in respect of which an offence has been or is suspected to have been committed
- anything that might be reasonably be believed to afford evidence on offence.
Conditions for the warrant?
- must be executed with 15 days of issue
- between 6am-9pm
- issue warrant to officer or person named therein
Part 1 offence notice?
- whenever set fine of $1000 or less
- officer has 30 days to serve accused
- does not have to go to court
- must state designated fine as listed in provincial offences short form wording book
- not used for young persons
- ex: failure to stop at stop sign
What are young persons?
- at time of offence between 12-16
- must be charged by way of summons and must appear in court
- parents of young person shall be notified
Part III offences summons?
- accused served on spot at time of offence
- no set fine (more serious)
- served on accused by issuing officer
- must attend court
- court date written on summons
- ex: driving with suspended licence.
Long Form?
- officer has 6 months to lay info. from time of offence
- can be used when officer not able to use Part I or III.
- summons issued after info sworn to
- used when additional investigation required and charges laid at a later time
- does not matter what fine is.
