01-08 Criminal Code Release

Question 1

Rationale
Pursuant to Part XVI of the Criminal Code (CC), the Chief of Police has designated all police officers holding the rank of ——, or a higher rank, as an officer in charge. Police officers who are required to testify as an officer in charge must state in their evidence that they have been so designated by the ——- . A letter on the Service’s letterhead indicating such authorization is available at all ——- offices and must be produced when requested in court.

Answer 1

sergeant/detective
Chief of Police
court

Question 2

Unconditional Release
A person under arrest shall be released ——– when it is determined that charges will not be laid or laid at another time. When an unconditional release occurs in a police station, the officer in charge shall be the releasing officer. In all other circumstances, the arresting police officer shall release the person when appropriate to do so.

Answer 2

unconditionally

Question 3

Police Officer
1. When a person in custody is released unconditionally shall comply with Procedure 01–01.
2. Where a person is to be charged with
 an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
 a dual procedure offence; or
 a summary conviction offence

Answer 3

awareness

Question 4

Police Officer

shall consider the issue of public interest, as well as attendance in court, and
 if these terms are met, compel the person’s appearance in court in the following manner
- issue a ——- as directed in Appendix A or
 proceed by way of a ——- in compliance with Procedure 01–09
 when releasing a person on an Form 9 or proceeding by way of a Criminal Summons, ensure they have been served
with a ——–
 if these terms are not met, arrest and bring the person before the officer in charge in compliance with Procedures 01–01 and 01–03

Answer 4

Form 9
Criminal Summons
TPS 493

Question 5

Officer in Charge
3. When a person has been arrested and brought into a police station and is to be charged with
 an indictable offence falling within the absolute jurisdiction of a Provincial Court Judge
 a dual procedure offence
 a summary conviction offence, or
 any offence punishable by imprisonment for ——- years or less

Answer 5

five (5)

Question 6

shall consider the issue of public interest, as well as attendance in court, and
 if these terms are met, compel the person’s appearance in court in the following manner
 proceed by way of a Criminal Summons in compliance with Procedure 01–09
 release on a Form 10 in compliance with Appendix B, or
 release on a Form 11 in compliance with Appendix C
 if these terms are not met, cause the person to appear before a Justice without reasonable delay and in any event
within ———— to
 obtain a judicial interim release, or
 request a detention order

Answer 6

twenty four (24) hours

Question 7

Officer in charge

4. In addition to the provisions of release set out in a Form 10 or 11, an officer in charge may also compel an accused to enter
   into conditions by way of a Form 11.1 in compliance with Appendix D.
5. Prior to releasing a person shall review the contents of the Confidential Crown Envelope ensuring the case manager has complied with the requirements of Procedure 12–01.
6. When releasing a person shall make every effort to ensure the ——– of that person given the age, gender or condition of the person and the time and location of release.

Answer 7

safety

Question 8

Officer in charge

7. When releasing a person shall ensure they have been served with a TPS 493.
8. In circumstances when a prisoner has been paraded before an officer in charge, the prisoner shall be ———- in the same
   manner as initially booked (i.e. booking hall/video, etc.) regardless of the release provision or whether charges have been
   laid.

Answer 8

released

Question 9

Officer in charge

9. When releasing an accused from the station on sexual assault, ——–, or a intimate partner violence–related charge shall ensure
    the victim is immediately ——– of all release conditions and the next court date of the accused
    the victim is advised to engage in a safety plan, including the use of 9–1–1 in emergency situations, and to contact Victim Services for safety planning information, as appropriate
    the victim is advised to contact the Ministry of the Attorney General’s ——–
    A ———— is completed
    notations of the date, time, person contacted and other details, including attempts made to notify the victim are
    added as ———information to the original eReport
    made in the
    memorandum book or case book
    TPS 483
    a copy of the release documents and the TPS 483 are retained electronically in the designated folder on the division’s
   Shared Drive Computer Application (XDrive)
    the TPS 483 and the original copy of the release documents are forwarded to the detective sergeant

Answer 9

criminal harassment
notified
Victim/Witness Assistance Program
TPS 483
supplementary