Release of Persons Arrested with a Warrant

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 140-142

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).