Release Forms

Question 1

Unconditionally

Answer 1

Can be done at any time

• caution
• apply for summons (form 6)

Question 2

Appearance Notice (Form 9)

Answer 2

By Peace Officer, at the scene

A document requiring a person to appear in court, finger prints and answer to charges

Not yet charged until an information is sworn - Done before the court date.

Question 3

Summons (Form 5)

Answer 3

Issued by the justice or Judge

A document that compels a person to court; requires person to appear in court and answer a charge

Question 4

Promise to Appear (Form 10)

Answer 4

Issued by OIC

A document requiring person to appear in court, finger prints and answer to charge

Question 5

Recognizance (Form 11)

Answer 5

Issued by OIC, with or without a deposit max $500

Question 6

Undertaking (Form 11.1)

Answer 6

not a release form, has conditions which is attached to either Form 10 ( Promise to Appear) or Form 11 (Recognizance)

Question 7

Recognizance (Form 32)

Answer 7

Issued by justice / Judge

can be with or without deposit; can be imposed any amount to ensure comliance

Question 8

Undertaking (Form 12)

Answer 8

By justice, conditions and can be released on its own

Question 9

S.496 C.C.

Issue an Apperance Notice

Answer 9

Where PRICE is met a peace officer DOES NOT ARREST a person may issue an appearance notice for

1. 553 indicitable offences
2. dual procedure offences
3. summary conviction offences

Question 10

S.497 (1) C.C.

Released from custody by Peace Officer

Answer 10

If peace officer arrest without warrant for an offence described in 496 (a), (b), (c) (553 indictable, dual, summary) shall as soon as practicable:

1. Release person (unconditionally) from custody with intention to compel their appearance by way of summon
2. Issues an appearance notice and then release them

Question 11

S.497 (1.1) C.C

Exceptions

Answer 11

Peace Officer Shall not release, if on reasonable grounds, PRICES is not met

P.R.I.C.E.S

Question 12

S.498 (1) C.C.

Release From Custody by OIC

Answer 12

A person arrest without warrant for an offence in 496(A)(B)(C) (553 indiciable, dual, summary) or other officer punishable by imprisonment for 5 years or less AND not taking the person before a justice, OIC shall, as soon as practicable,

1. Release the person with intention to compel by way of summons
2. Release on Recognizance without deposit of max $500 or
3. If person not resident of province or within 200km, release on Recognizance with deposit of max $500

Question 13

S.498 (1.1) C.C.

Exemption

Answer 13

OIC shall not release, if on reasonable grounds, PRICES is NOT met