Arrest Case

Criminal Code arrest warrant: "Form 7 -- Warrant for Arrest".

1. Arrest warrant in the first instance.

2. Bench warrant.

Warrant in the first instance - issued for an offender who has committed an indictable, dual procedure, or summary conviction offence.

A bench warrant - issued for a person who fails to appear in court.

Arrest warrant in the first instance

- Information is laid first

- communicates to police officers the existence of RG for arresting someone. (CPIC)

Laying an Information -- three part process:

1. Completing Form 2.

2. Bringing it to a Justice.

3. Swearing under oath that the contents are not fabricated

- communicates to police officers the existence of RG for arresting someone. (CPIC)

Ex Parte Hearing - conducted by Justice - determine if there are RG for believing that the person named in the Information committed the named offence.

Necessary in public interest -- the existence of any public interest needs (prerequisite/ justification for an arrest warrant)

Summons -- Form 6;

when an ex parte hearing reveals no evidence of concern for public interest.

Warrant in the first instance --

Evidence proves concern for public interest

an arrest warrant that is the first compelling document issued for an offender.

Arrest Warrant

Written order that contains comprehensive instructions - nine elements:

1. Who can arrest

2. Who will be arrested

3. Who authorized the arrest

4. The reason for the arrest

5. Reason for issuance

(a)RG necessary in the public interest

(b) Failed to attend court

(c) Appearance notice, promise to appear or a recognizance -accused failed to attend court

(d) Evading service of a summons

(e) Accused did not attend hearing of an application for a review of an order made by a Justice

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