Release of Persons Arrested with a Warrant

AuthorSteve Coughlan/Alex Gorlewski
Pages140-142
140 Police Powers / Compelling Appearance
1.3(e) Release of Persons Arrested with a Warrant
Was the arrest made
with a warrant?1Go to Chart 1.3(f)
No
Yes
Is the oence listed
in s 469?2
Does the warrant
authorize release aer
the arrest?3
NoYes
Take before justice
without unreasonable
delay5
Release with
promise to appear,
recognizance, or
recognizance with
deposit for non-
resident4
No Yes
Chart 1.3(b), Compelling Appearance with Prior Judicial Scrutiny, explains the
process by which a peace ocer can seek a summons or an arrest warrant
from a justice. This chart follows on from that, dealing with the steps to be taken
when an arrest warrant has been obtained and executed. See, generally, the
discussion in Steve Coughlan, Criminal Procedure, 3d ed (Toronto: Irwin Law,
2016) at ch 6, s C(2), Compelling Appearance Post-charge [Criminal Procedure].
1. WAS THE ARREST MADE WITH A WARRANT?
This chart deals exclusively with arrests made with a warrant (see Chart 1.3(a),
Compelling Appearance Matrix, note 3, for discussion of the requirements of
a warrant). As a stage in the process, it is functionally equivalent to that set out
in Chart 1.3(f), Release of Persons Arrested Without a Warrant, but it is simpler
because where an arrest warrant exists, judicial scrutiny has already occurred.
If the arrest was warrantless, see Chart 1.3(f).

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