Indictable offence correct answers • Punishment is detailed within each offence section
• No time limit for laying charges
Dual Procedure: correct answers • Indictable for arrest purposes
• Crown will elect the final classification at the time of first appearance
• No time limit for laying charges
Summary conviction rules of procedure correct answers • Maximum penalty of 6 months in
jail or $2,000 fine
• 6 month time limit for laying charges
• Only tried by Provincial Court Judge with no jury
Section 553
Offences in 553 are tried only in Provincial Court with no election for a Jury. Also limiting in
as far as Police powers of arrest: correct answers Under $5,000
o Theft, false pretenses, fraud, possession of property obtained by crime, mischief,
counseling, conspiracy, attempt or accessory after the fact
• Gambling, betting, gaming, lotteries, cheating at play, keeping common bawdy house,
transportation fraud
• 810 and probation breaches
• Possession of marijuana or trafficking under
469 Indictable Offences
These offences must be tried in Superior Courts and the accused may only be released by a
Judge of the Superior Courts of Criminal Jurisdiction correct answers These include:
• An Offence of:
o S. 47 (Treason)
o S. 49 (Alarming Her Majesty)
o S. 51 (Intimidating Parliament)
o S. 53 (Inciting to mutiny)
o S. 61 (Seditious Offences)
o S. 74 (Piracy)
o S. 75 (Piratical Acts)
o S. 235 (Murder)
• Accessory to an offence or after the fact for High Treason, Treason or Murder
• Corrupting Justice under S. 119 (bribery)
• Crimes against Humanity S. 4 to 7 of the Crimes Against Humanity and War Crimes Act
• Conspiracy of the listed offences above
Types of Release from Custody correct answers Unconditionally
Criminal Summons
Appearance Notice
Promise to Appear
Recognizance
Undertaking
Unconditionally correct answers Released without condition
, Criminal Summons correct answers Issued by a Justice of the Peace
o to be used when arrest can not be made, but charges will be laid. Proof of issue
o S. 497 (1), 498 (1)
o Form 6
Appearance Notice: correct answers Issued by an officer when arrest could be made
o Released with conditions to attend court
o Signature of accused is not mandatory
o Proof of issue
o S. 497 (1), 501
o Form 9
Promise to Appear (PTA): correct answers Issued by an officer in charge
IW 50
o Released with conditions to attend court
o Accused signature not mandatory
o Proof of issue
o S. 498 (1), 501
o Form 10
Recognizance correct answers Issued by an officer in charge or a Justice of the Peace
o Released with conditions to attend court
o Can include a surety
o Signature of accused is not mandatory
o Proof of issue
o S. 498 (1), 499 (1), 501
o Form 11
Undertaking correct answers Issued by an Officer in Charge or Justice of the Peace
o Released with conditions, but not a form of release on its own
o Must be attached to a release document such as a PTA
o S. 499 (2), 503 (2.1)
o Form 11.1 (Peace officer in Charge), 12 (Justice of the Peace)
o Conditions can include:
Remain within territorial jurisdiction
Notify of change of address, employment or occupation
Abstain from communication with victim, witness or attending an address
Deposit passport
Abstain from possessing or surrender firearm and documents
Report at a specific time
Abstain from alcohol
Comply with other stated conditions
Youth Criminal Justice Act (YCJA) correct answers Federal legislation that replaced the
Young Offenders Act in 2003.
Adult: correct answers Person who is not a young person or child
Child: correct answers Person who is or appears to be under 12