Procedure 02-01 Arrest Warrant Processing Procedures

Questions and Answers

What is required for a Justice to issue a warrant for arrest after receiving an Information?

The Justice must assess the financial status of the accused.

The Justice must have knowledge of the accused's guilt.

The Justice must be given evidence of public interest. (correct)

The Justice must determine the severity of previous offences.

Which of the following factors indicate that a warrant in the first instance may be warranted?

The absence of any prior convictions.

The accused's willingness to attend court voluntarily.

The accused's potential danger to witnesses. (correct)

The accused's history of cooperation with law enforcement.

What type of warrant is issued upon the conviction of an accused for an offence?

Warrant of committal. (correct)

Initial arrest warrant.

Extradition warrant.

Preventative warrant.

What situation might NOT lead to a warrant being issued in the first instance?

The offence is categorized as a minor infraction. Signup and view all the answers

Who retains the discretion to release a person arrested on a warrant in the first instance?

The Officer in Charge. Signup and view all the answers

What can happen if a support payor fails to attend a FRSAEA Default Hearing?

The court may issue a warrant for arrest. Signup and view all the answers

Which of the following must a police officer complete to obtain an arrest warrant?

Complete an eReport with specific personal information. Signup and view all the answers

Under what condition can a police officer enter a dwelling without a warrant?

If there are reasonable grounds due to exigent circumstances. Signup and view all the answers

What is required for the execution of an arrest warrant in a different jurisdiction?

Endorsement by a Justice in that jurisdiction. Signup and view all the answers

What should a medical officer do if a patient refuses treatment for a contagious disease?

Apply for a court order to compel detention for treatment. Signup and view all the answers

Which document must be filed after the warrant application process is complete?

The original Information and a copy of the warrant. Signup and view all the answers

Which action is NOT required when executing an arrest warrant?

Notifying the suspect of their rights. Signup and view all the answers

What action should a police officer take during exigent circumstances when obtaining a warrant is impractical?

Enter the dwelling to arrest the suspect directly. Signup and view all the answers

What is the specific authority given to the Medical Officer of Health under the Health Protection and Promotion Act?

To apply for a court order for detention of contagious patients. Signup and view all the answers

What must happen to a person arrested solely on warrants of committal?

They are to be processed according to the warrant instructions. Signup and view all the answers

What happens when a bench warrant is issued for drug charges?

The person must be taken to Old City Hall Courts for a show cause hearing. Signup and view all the answers

Under what condition can a surety warrant be issued?

When the surety cannot fulfill their obligations. Signup and view all the answers

What is the purpose of a material witness warrant?

To apprehend a witness who is evading a subpoena. Signup and view all the answers

What is one requirement of the Canada Border Services Agency (CBSA) officer for issuing an immigration warrant?

The individual must be a permanent resident or a foreign national considered dangerous. Signup and view all the answers

What is a likely consequence for a surety if the accused breaches bail conditions?

They may lose the collateral provided for the bail. Signup and view all the answers

What notable action must be taken when executing a bench warrant issued by the Superior Court?

The Court Services unit must be advised immediately with specific details. Signup and view all the answers

What is required prior to entering a dwelling to execute an arrest warrant, unless exigent circumstances are present?

Authorization warrant and endorsement on the arrest warrant Signup and view all the answers

When executing an arrest warrant, what must officers announce before entry, unless specific conditions apply?

Identification and purpose of entry Signup and view all the answers

What must officers do when seizing property during the execution of an arrest warrant?

File the applicable search warrant return within 7 days Signup and view all the answers

What must officers do when executing an arrest warrant in another province?

Complete a TPS 621 if crown approval has been obtained Signup and view all the answers

What is a requirement for investigating a person arrested on a warrant?

Confirm that the warrant is outstanding and valid Signup and view all the answers

When dealing with a medical order for a person, what is one of the steps that must be taken?

Confirm the validity of the medical order Signup and view all the answers

Which of the following is NOT a requirement when executing an arrest warrant in a different Ontario jurisdiction?

Obtain a search warrant from local authorities Signup and view all the answers

What must be done after returning to Toronto from executing a warrant in another province?

Submit a TPS 622 as soon as practicable Signup and view all the answers

What document is required whenever property is seized in criminal matters, with or without a warrant?

TPS 130 if under Provincial Offences Act Signup and view all the answers

Study Notes

Rationale and Procedure for Laying Information

Individuals with reasonable grounds can lay a written Information under oath before a Justice regarding an offence.
If deemed applicable, the Justice may issue a summons or warrant for the accused’s arrest.

Types of Arrest Warrants

A warrant to arrest directs peace officers to apprehend a person within their jurisdiction.
Warrant in the First Instance: Can be sought when an officer believes an unapprehended person committed an offence. Justification includes public interest concerns like danger to public or victim, or if the accused has fled.

Committal, Bench, and Surety Warrants

Warrants of Committal: Issued upon conviction to arrest individuals for unpaid monetary penalties, directing confinement if payment is not made.
Bench Warrants: Issued when an accused fails to appear in court. Arrest leads to immediate reporting of the accused information to the court services.
Surety Warrants: Issued when a surety requests relief from their obligations. Arrest leads to a new bail hearing.

Material Witness and Immigration Warrants

Material Witness Warrants: For apprehending witnesses evading subpoenas. No charges are filed against these witnesses.
Immigration Warrants: Issued for permanent residents or foreign nationals deemed inadmissible or a danger due to failure to comply with CBSA requests.

Family Responsibility and Civil Warrants

Family Responsibility Arrest Warrants: Issued by the Family Responsibility Office for failure to comply with court orders regarding child/spousal payments.
Civil Warrants: Include Small Claims Court and general Civil Court warrants. Specific compliance procedures must be followed.

Medical Orders and Execution of Arrest Warrants

Medical Orders: Allows for forced confinement of patients refusing treatment for contagious diseases, requiring a court order.
Arrest warrants can be executed at any time and in any jurisdiction if proper authority and procedures are adhered to, including making necessary announcements prior to entry.

Entry to Dwelling-House for Arrest

Entry without a warrant may be allowed in exigent circumstances, including preventing imminent harm or destruction of evidence.
Officers must articulate reasons for entering without a warrant if questioned in court.

Handling and Executing Arrest Warrants

Police must complete requisite eReports, notify proper units, and gather essential documents before executing an arrest warrant.
Officers must also follow local jurisdiction protocols if executing a warrant outside their original area.

Investigating Arrests on Warrant

Units arresting individuals must confirm the validity of the warrant and the identity of the accused.
New charges can be laid during this process if necessary, with all relevant documents filed appropriately.

Processing After Arrest

After arrest, officers must notify the unit that holds the warrant and handle all necessary paperwork, including updating records and removing the warranted individual for court appearances if necessary.### Judicial Interim Release and Detention Orders
Complete a show cause when seeking a judicial interim release or detention order.
Transport the individual to a central lock-up or detention facility, according to Procedure 01–03.

Bench Warrant Processing

Enter specific details into eReport for a bench warrant:
- Date of the original arrest and original charge.
- Type of release, court date, and location for the original charge.
- Reason for absence from court and name of the issuing Justice.

Material Witness Warrant

Complete a synopsis and a show cause, including the next appearance date for the case.
Insert documents in the original crown envelope for the respective case and submit it to the officer in charge.
Do not fingerprint individuals arrested solely for a material witness warrant.
In court, deliver the arrested person, eReport, and Prisoner Transportation List to court cells.

Surety Warrant Processing

Complete a synopsis and show cause, then submit all documents in the original crown envelope.
Do not fingerprint those arrested solely for a surety warrant.
After processing, obtain the surety warrant and Sheriff's Certificate from RMS–Ops, if applicable.
Ensure original Information is present for court to avoid loss of jurisdiction over the case.

Family Responsibility Arrest Warrant

Pick up the original warrant from RMS-Ops and comply with its instructions.
Do not fingerprint if arrested solely for this type of warrant.
Deliver the original warrant to the bail court.

Warrant Held by Another Ontario Jurisdiction

Confirm the outstanding status of a warrant with the holding police service.
If applicable, present new charges for release in compliance with respective procedures.
If no new charges, notify of court location for a show cause hearing if the other service refuses to return.

Out of Province Warrants

Contact the originating police service to confirm the status of an out of province warrant.
Complete necessary documentation including a synopsis and CC 0519.
If the originating service will return the individual, obtain a remand warrant if a delay is anticipated.

Immigration Warrants

Verify if a custodian is wanted on an immigration warrant during investigations.
Hold the individual until a CBSA officer arrives, proceeding according to Procedure 05–14.

Warrant Officer Responsibilities

Regularly review warrant files for validity.
Comply with Procedure 17–06 upon receiving a CPIC Purge List from RMS–Ops.

Officer in Charge Duties

Confirm the identity of individuals brought in on arrest warrants.
Ensure the warrant is removed from CPIC upon processing.
Forward necessary documentation, including a crown envelope and eReport, to the applicable court, particularly for out of province warrants.

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Description

This quiz covers the standard procedures for processing a person on an arrest warrant. It includes notifications, the handling of warrants, and the completion of necessary documentation. Understanding these steps is crucial for law enforcement officers involved in executing arrest warrants.