Criminal Code Release

Question 1

Pursuant to Part XVI of the Criminal Code (CC), the Chief of Police has designated all police officers holding the rank of_________________, as an officer in charge.

Answer 1

sergeant/detective, or a higher rank,

Question 2

Officer in Charge
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 five (5) years or less
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

Answer 2

• 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

Question 3

In circumstances when a prisoner has been paraded before an officer in charge, the prisoner shall be released in the same manner as initially booked (i.e. booking hall/video, etc.) regardless of the release provision or whether charges have been laid. True or False?

Answer 3

True

Question 4

Officer in Charge
When releasing an accused from the station on sexual assault, criminal harassment, or a domestic–related charge shall ensure (7)

Answer 4

• the victim is immediately notified 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 Victim/Witness Assistance Program
• a TPS 483 is completed
• notations of the date, time, person contacted and other details, including attempts made to notify the victim are
   - added as supplementary 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 (X Drive)
• the TPS 483 and the original copy of the release documents are forwarded to the detective sergeant

Question 5

Officer in Charge
Upon deciding that it is appropriate to release a person on a Form 10 shall ensure the first court appearance has been established as ____ weeks from the date of release

Answer 5

6

Question 6

RECOGNIZANCE ENTERED INTO BEFORE AN OFFICER IN CHARGE (Form 11)
A person may be released on a Form 11 without sureties and, with or without deposit. Under normal circumstances, the person will be released without deposit. Where the person resides outside Ontario, or more than _____ km from the place of custody, the release may be with deposit. In any event, the value of the deposit shall not exceed _____.

Answer 6

200 km, $500

Question 7

does refusal to sign a form 11 (or form 11.1) invalidate the release?

Answer 7

No

Question 8

Officer in Charge

ensure a copy of the applicable release form and a copy of the 11.1 are sent by TPS eFax forthwith to who? (2)

Answer 8

• Records Management Services – Operations

- the Bail & Parole Enforcement Unit forthwith if including a reporting condition to Bail & Parole