Report To A Justice

Question 1

When a S/W has been executed, the officer completing the 5.2 and attending a Report to Justice Hearing may include:

Answer 1

Affiant of S/W
Case manager
Exhibits officer
Seizing officer

Question 2

Officers may use a COMMON INFORMANT to file a 5.2 when property has been seized without warrant AND

Answer 2

1. Accused is held for a S/C
2. Accused is released on a F9/F10
3. Charges are laid and/ proceeding by CRIMINAL SUMMONS
4. Charges PENDINH

Question 3

When in receipt of an email notice from a COMMON INFORMANT indicating that a Justice has refused to sign the 5.2 OR recognize the common informant status SHALL ENSURE

Answer 3

1. The seizing officer attends a REPORT TO JUSTICE HEARING, as soon as practicable
2. The COMMON INFORMANT submits a 649 to the UC indicating the date, time, court location, name of Justice and circumstances

Question 4

CASE MANAGER:
Where a FORFEITURE ORDER is required SHALL ENSURE:

Answer 4

1. At the time the charges are laid, the original applicable FORFEITURE ORDER and (1) copy (both shall be left blank) are included in the CE
2. A copy of the applicable property reports are appended to each forfeiture order and placed inside the crown envelope
3. The forfeiture section in the back of the CE is completed in full
4. The crown prosecutor is made aware that a forfeiture order form is in the CE prior to the trial and sentencing of the accused

Question 5

Forfeiture means seizure of PRIVATE PROPERTY because

Answer 5

• it was ILLEGALLY obtained
• it is an ILLEGAL substance
• the LEGAL BASIS for POSSESSION has ended