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3 levels of release 1. street level - arresting officer - unconditioned release, appearance
notice or summons
2. station - officer in charge - promise to appear (form 10), or undertaking + PA (form 11 + form
10)
3. court level - JP or judge of prov. court - summons
interim release Charter sections s. 9, 11(d) and 11(e) --> bring to JP within 24h
can you release? -- summary, dual, indictable s.553 PRICE met = yes
can you release at street level / station level? -- s.469 offences no, stuff like treason
ex. of summary offences (don't memorize, just recognize they're summary) s.175(1) cause
a disturbance
s.177 trespass at night
, Police Powers Final Exam Questions With
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s.335(1) taking motor vehicle or vessel without consent
s.364(1) fraudulently obtaining food, beverage, or accommodation
s.393(3) obtaining transportation by fraud
s.372(2) indecent phone calls
s.372(3) harassing phone call
s.811 breach of recognizance
ex. of indictable offences (don't memorize, just recognize they're indictable) s.222
homicide
s.233 infanticide
s.235(1) murder 1st or 2nd degree
s.236 manslaughter
s.236(a) manslaughter while using a firearm
s.244 discharging firearm with intent
s.245 administering noxious thing with intent to endanger life or cause bodily harm
s.268 aggravated assault
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s.279.011(1)(b) trafficking in persons under the age of 18 years
ss.269(1),(1.1)(a) kidnapping
s.343 robbery
s.346(1) extortion
s.348(1) breaking and entering with intent (dwelling)
s.380(1)(a) fraud over $5,000
s.434 arson
s.462.31 laundering proceeds of crime
s.465(1)(a) conspiracy to commit murder
ex. of dual (hybrid) offences (don't memorize, just recognize they're dual procedure)
s.90(1) carrying concealed weapon
s.130(1) personating peace officer
s.140(1) public mischief
ss.253(1)(a),(b) operating while impaired
s.264 criminal harassment
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s.264.1(1)(a) uttering threats - to cause death or bodily harm
s.264.1(1)(b) or (c) uttering threats - to damage property or harm an animal
s.266 assault
s.267 assault with a weapon or causing bodily harm
s.270(1)(a) assaulting a peace officer
s.271 sexual assault
s.279(2) forcible confinement
s.333.1 motor vehicle theft
s.342.1(1) unauthorized use of computer
ex. of s.553 offences (don't memorize, just recognize they're dual procedure) s.334(b)
theft under $5,000
s.355(b) possession of property obtained by crime under $5,000
s.362(2)(b) false pretenses under $5,000
s.380(1)(b) fraud under $5,000
s.430(4) mischief under $5,000