Warrants Flashcards
What type of warrants are there?
1) warrant in the 1st
-signed by a Justice or coroner to apprehend a person who a peace officer believes has committed an offence, but not yet apprehended.
2) warrant of committal
-issued by a court upon conviction of an accused for an offence. It directs peace officers to arrest the individual in default of payment of monetary penalty set by the court to serve a period of time in jail. Person’s arrested solely on warrants of committal are NOT to be brought to court.
3) bench warrants
-an arrest warrant issued by a Justice when an accused failed to attend court
4) surety warrant
-when a person who is acting as surety appears before a Justice and requests relief from the obligations of being a surety.
5) material witness warrants.
-issued by a Justice for the apprehension of a witness who is evading service of a subpoena or has not appeared in court after being served. No charges are laid, but a bail hearing must be held to determine if the witness should be held or released until required to give evidence.
6) immigration warrants
-CBSA agent may issue a warrant for arrest and detention of a permanent resident or foreign national who the officer has reasonable grounds to believe is inadmissable and is a danger to the public
OR
is unlikely to appear for examination for an admissibility hearing for removal from Canada.
7) FRO warrants
-if a support payor fails to attend a default hearing, a warrant may be issued for the arrest of the payor in default. The accused must be taken to a family court so a Justice can issue an undertaking directing them to attend a later court date. If no family court is sitting, before a Justice as soon as possible.
8) civil warrants
-small claims and civil court warrants
What reasonable grounds must be given for a Justice to believe it is in the public interest to issue a warrant in the 1st?
- accused has fled
- accused is evading capture
- danger to public
- danger to victim/witnesses
- nature and/or seriousness of offence
- all attempts to locate have been exhausted
After a person is arrested on the strength of a warrant in the 1st, where shall an officer take the accused?
The accused must be presented to the court for a bail hearing unless the warrant was endorsed by the Justice authorizing the release of the accused by an OIC. The OIC retains the discretion to release the accused when the warrant is endorsed.
What types of warrants of committal are there?
- criminal convictions
- small claims
- federal/provincial parole violations
- immigration and refugee protection act
- FRO act
- TTPA
- SSA
- HTA
When a person is arrested on a Superior Court bench warrant, who shall the officer notify and how?
Superior Court Liaison Det by phone, voicemail or efax of the name and DOB of accused, charge and date of issue of bench warrant.
How is the matter heard if the accused is charged with an additional charge of FTA for a superior court bench warrant?
The accused must appear at the Superior Court on the bench warrant and then attend Ontario Court of Justice for the added charge of FTA.
Where is the accused taken to for a bench warrant relating to drug charges?
Old City Hall
Upon a surety warrant being issued, how is the original information obtained for the new bail hearing?
If it is the same court where the surety warrant was issued, the court clerk will retrieve the original information.
If the court is different than where the surety warrant was issued, the arresting division shall arrange to obtain the original information and bring it to court.
Where shall an officer take an apprehended person arrested on a medical order authorization?
The named hospital on the order.
Where is the only medical facility in Ontario for treatment and control of contagious, virulent diseases?
12 Division - 82 Buttonwood Avenue
The West Park Healthcare Centre
When is a 5.2 required?
Every time porperty is seized by police with or without warrant.
What is the purpose of a 5.2?
To determine the disposition of property seized and if it should be authorized for continued detention.
When do you not required a 5.2?
Found or abandoned property
OR
when drugs are purchased from a suspect in an undercover operation.
How long are found bicycles retained in property?
30 consecutive days
How long is any other found property retained for?
90 consecutive days
