Methods of Release by PO or JUDGE/JUSTICE of PEACE (JP) PDF

Methods of Release by PO or JUDGE/JUSTICE of PEACE (JP) and The Forms Used to Compel a Person to Attend Court and/or Court with Complying Conditions An arrest has been made resulting in an unconditional release (court appearance and/or criminal charges may or may not result): What a Police Officer (...

Methods of Release by PO or JUDGE/JUSTICE of PEACE (JP) and The Forms Used to Compel a Person to Attend Court and/or Court with Complying Conditions An arrest has been made resulting in an unconditional release (court appearance and/or criminal charges may or may not result): What a Police Officer (PO) or Peace Officer (PO) can do: Criminal charges are being laid (Arrest may or may not have occurred): Unconditional Release - No Further Action (NFA) Unconditional Release to later seek a Summons to a Person Charged with An Offence Form 6 Appearance Notice - Form 9 - in lieu of a charge Compels Accused to a Judicial Referral Hearing (JRH) S. 523.1 with a Court Date (JRH can only be used for a Fail to Comply offence from another Method of Release where the alleged offence did NOT cause a victim physical or emotional harm, property damage or economic loss) Appearance Notice - Form 9 Criminal charges are being processed against the Accused, compelling Accused to: Court Date and a Fingerprint Date (Fingerprinting only for Dual and Indictable Offences, NOT for Summary Conviction Offences) An arrest has been made by PO with the expectation criminal charges will be laid and the suspect is being held in custody to go before a JP/Judge: Decision to hold a subject for a bail hearing is made only after considering all other options; including the Ladder Principle (ref. R. v. Antic SCC 2017) and PRICES cannot be met with a less onerous form of release. There are no Complying Conditions on an Appearance Notice (*no arrest needed to use the JRH of an Appearance Notice) Summons to a Person Charged with An Offence - Form 6 Requires policing/law enforcement organization to go to a JP/Judge with an Information (Form 2) + this Summons + Crown Brief providing RG to believe (under oath) that a criminal offence occurred Compels Accused to a: Court Date and a Fingerprint Date (Fingerprinting only for Dual and Indictable Offences, NOT for Summary Conviction Offences) JP or Judge issues PO or Special Constable serves Summons to a Person Charged with An Offence - Form 6 Requires policing/law enforcement organization to go to a JP/Judge with an Information (Form 2) + this Summons + Crown Brief providing RG to believe (under oath) that a criminal offence occurred Compels Accused to a: Court Date and a Fingerprint Date (Fingerprinting only for Dual and Indictable Offences, NOT for Summary Conviction Offences) JP or Judge issues PO or Special Constable serves Note: For all summary convictions where the PO did NOT find committing, always use a Summons to A Person Charged with an Offence (Form 6) Undertaking - Form 10 Compels Accused to a: Court Date and a Fingerprint Date (Fingerprinting only for Dual and Indictable Offences, NOT for Summary Conviction Offences) - Additional Complying Conditions i.e. Report to, Remain within, Notify Change of (Address, Employment, Occupation), Non Communication, Do Not Go To and/or Enter, Deposit Passport, Reside at and Present Yourself, Not to Possess Firearms and related Weapons, Ammo, Licences, Promise to Pay (not more $500 on Fail to Comply), any other conditions to ensure safety and security of victim or witness to the alleged offence. Note: If the Accused lives more than 200 kms away or out of province, Deposit money or other valuable security (not more than $500) can be ordered from the Accused. PO issues BCT Federal Law 1 of 2 RMK 2020 Methods of Release by PO or JUDGE/JUSTICE of PEACE (JP) and The Forms Used to Compel a Person to Attend Court and/or Court with Complying Conditions An arrest has been made resulting in an unconditional release (court appearance and/or criminal charges may or may not result): What a Justice of the Peace (JP) or Judge can do: Criminal charges are being laid (Arrest may or may not have occurred): Unconditional Release NFA An arrest has been made by PO with the expectation criminal charges will be laid and the suspect is being held in custody to go before a JP/Judge: Release Order Entered Into Before a Judge or JP - Form 12 Compels Accused to a: Court Date and a variety/numerous conditions – see Form 12, including Promise to Pay (any amount), Deposit $ and/or Other Valuable Security (any value) and/or Establish Surety(ies) as JP/Judge requires of Accused for release. JRH (s. 523.1 CC) Power of a JP/Judge: • Take no action • Cancels any other Summons, Appearance Notice, Undertaking, or release order o Make a release order under s. 515 CC o Prosecutor shows cause for continued detention s. 515(10) CC • Remand the Accused to custody re: fingerprinting if proceeding with a charge Judge/JP issues Of Importance: PO’s must be cognizant of their Police Service/Law Enforcement Organization’s Note-taking Procedure and the OPC Notebook Evaluation Rubric Guideline. It is stressed note-taking related to this subject matter must always be: • • • the reasons for the arrest, form of release, and where applicable any continued detention For both articulation in written format and when required - verbal articulation (i.e. testimony). PO’s must also be cognizant of S. 493.1 and 493.2 S. 493.1 Principle of Restraint (summarized): PO’s shall give primary consideration to the release of the Accused at the earliest opportunity AND the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the Accused to comply with, while taking into account the grounds in S. 498 (1.1) PRICES or S. 515 (10) Justification for Detention in Custody: • • • Primary Grounds – to ensure Court Attendance, Secondary Grounds – Protection or Safety of the Public including Victims, Witnesses, Substantial Likelihood the Accused if released will commit a criminal offence or interfere with the Administration of Justice, and Tertiary Grounds – Maintaining Confidence in the Administration of Justice, including strength of the Prosecution’s case, Gravity of the Offence, Circumstances surrounding the Commission of the Offence, including Length of Imprisonment, Case involves firearms, and a minimum punishment of three (3) years or more. S. 493.2 Aboriginal Accused or vulnerable populations (summarized): PO’s shall give particular attention to the circumstances of: • • Aboriginal Accused, and Accused who belongs to a vulnerable population (i.e. homelessness, impoverished and/or mental incapacities) that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under Part XV1 – Compelling Appearance. Note: For greater clarity and full understanding, a review of specific and related legislation should always be made. BCT Federal Law 2 of 2 RMK 2020