Police Foundations LAW220 Lecture Notes - Lecture 3: Indictable Offence, Brothel, False Pretenses
25 May 2018
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Department
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POLICE FOUNDATIONS-LAW220
LECTURE 3
Absolute Jurisdiction Section 553
• All offences in sec 553 are indictable
• A provincial court judge has absolute jurisdiction over all offences in sec 553 (no election)
• The offences are common, less serious, indictable offences and are as follows.
1. Theft other than theft of cattle
2. False pretenses
3. Possession of anything obtained by the commission of an indictable offence
4. Fraud
5. Mischief in relation to property valued at less than $5000 and not a testamentary
instrument
6. Counseling, conspiracy, accessory or attempt to commit or be an accessory after the
fact
7. Keeping a gaming or betting house pool selling, book making
8. Lotteries and games of chance
9. Cheating at play
10. Keeping a common bawdy house
11. Drive while disqualified
12. Fraud of fares
13. Breach of recognizance
14. Failure to comply with probation order
15. Possession of a schedule two substance (CDSA) controlled drugs and substances act
16. Trafficking in a schedule two substance (CDSA) controlled drugs and substances act
Persons responsible for arrest or release of an accused:
1. Officer at the scene
2. Officer in charge at the police station
3. Justice (JP, prov. Judge, supreme court)
Factors effecting arrest/ release of accused:
a. Offence for which accused is being detained
• S/C. dual, 553 (release by officer on street)
• All of above and indict offences with five year maximum or less by officer in charge
• All section 469 offences (release by supreme court only)
b. Public interest (RICE)
• Same as RICE. Officer at the scene consider RICE for S/c, dual and 553 only.
Officer in charge considers RICE for s/c, dual, 553 and all indict with a max penalty
of five years or less
c. Certain specific facts about the accused
• If accused lives out of province or more then 200km from the place of the offence,
then the C in RICE is in doubt. Therefore, do not release. Take accused to JP for
further consideration of interim release.
Interim Release:
The act of allowing an accused person to leave the custody of the police for the period od time
between the issuance of the compelling document or bail hearing and the accused appearance
in court on the charge.
find more resources at oneclass.com
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Document Summary
Persons responsible for arrest or release of an accused: officer at the scene, officer in charge at the police station, justice (jp, prov. Officer at the scene consider rice for s/c, dual and 553 only. Officer in charge considers rice for s/c, dual, 553 and all indict with a max penalty of five years or less: certain specific facts about the accused. If accused lives out of province or more then 200km from the place of the offence, then the c in rice is in doubt. Take accused to jp for further consideration of interim release. The act of allowing an accused person to leave the custody of the police for the period od time between the issuance of the compelling document or bail hearing and the accused appearance in court on the charge. Show cause hearing: show and tell ( show the bad guy to the judge, tell her why he is there)
