Older Uniform Acts
ARREST AND BAIL
Power of Arrest
117. There is no general power of arrest in respect of the commission of a regulatory offence unless the arrest is by a police officer who has reasonable and probable grounds to believe that an offence has been committed or is about to be committed and,
(a) an arrest is necessary to identify the defendant;
(b) an arrest is necessary to preserve evidence;
(c) an arrest is necessary to prevent the continuation of the offence; or
(d) the defendant is from out of the jurisdiction and unlikely to respond to the offence notice and a deposit is required by means of the bail procedure.
Execution of Warrant
118.-(1) A warrant for the arrest of a person shall be executed by a police officer by arresting the person against whom the warrant is directed wherever found in (enacting jurisdiction).
(2) A police officer may arrest without warrant a person for whose arrest the officer has reasonable and probable grounds to believe that a warrant is in force in (enacting jurisdiction).
Use of Force
119.-(1) Every police officer, if the officer acts on reasonable and probable grounds, is justified in using as much force as is necessary to do what the officer is required or authorized by law to do.
(2) Every person upon whom a police officer calls for assistance is justified in using as much force as the person believes on reasonable and probable grounds is necessary to render the assistance.
Disclosure on Arrest
120.-(1) It is the duty of every one who executes a process or warrant to produce it when requested to do so.
(2) It is the duty of every one who arrests a person, whether with or without warrant, to give notice to that person of the reason for the arrest.
Release after Arrest
121.-(1) Where a police officer, acting under a warrant or other power of arrest, arrests a person, the police officer shall, as soon as is practicable, release the person from custody after serving the person with a summons or offence notice unless the officer has reasonable and probable grounds to believe that,
(a) it is necessary in the public interest for the person to be detained, having regard to all the circumstances including the need to,
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested is ordinarily resident outside of (enacting jurisdiction) and will not respond to a summons or offence notice.
(2) Where a defendant is not released from custody under subsection (1), the police officer shall deliver the defendant to the officer in charge of the place where the defendant is held and where, in the opinion of the officer in charge the conditions set out in clauses (1)(a) and (b) do not or no longer exist, the officer in charge shall release the defendant, after serving the defendant with a summons or after the defendant has entered into a recognizance in the prescribed form, without sureties, conditioned for appearance in court.
(3) Where the defendant is held for the reason only that he or she is not ordinarily resident in (enacting jurisdiction) and it is believed that he or she will not respond to a summons, the officer in charge may, in addition to anything required under subsection (2), require the defendant to deposit cash or other satisfactory negotiable security in an amount not to exceed the maximum fine for the offence or $500, whichever is the lesser.
122.-(1) Where a defendant is not released from custody under section 121, the officer in charge shall, as soon as is practicable but in any event within twenty-four hours, bring the defendant before a judge and the judge shall, unless a plea of guilty is taken, order that the defendant be released upon giving an undertaking to appear unless the prosecutor having been given an opportunity to do so shows cause why the detention of the defendant is justified to ensure his or her appearance in court or why an order under subsection (2) is justified for the same purpose.
(2) The judge may order the release of the defendant,
(a) upon the defendant entering into a recognizance to appear with such conditions as are appropriate to ensure his or her appearance in court; or
(b) where the offence is one punishable by imprisonment for twelve months or more, or where the defendant is not ordinarily resident in (enacting jurisdiction), upon the defendant entering into a recognizance before a judge with sureties in such amount and with such conditions, if any, as are appropriate to ensure appearance in court or, with the consent of the prosecutor, upon the defendant depositing with the judge such sum of money or other valuable security as the order directs in an amount not exceeding the amount of the maximum fine for the offence or $1,000, whichever is the lesser.
(3) The judge shall not make an order under clause (2)(b) unless the prosecutor shows cause why an order under clause (2)(a) should not be made.
(4) Where the prosecutor shows cause why the detention of the defendant in custody is justified to ensure the defendants appearance in court, the judge shall order the defendant to be detained in custody until dealt with according to law.
(5) The judge shall include in the record a statement of reasons for the decision under subsection (1), (2) or (4).
(6) In a proceeding under subsection (1), the judge may receive and base his or her decision upon information the judge considers credible or trustworthy in the circumstances of each case except that the defendant shall not be examined or cross-examined in respect of the offence with which he or she is charged.
(7) A proceeding under subsection (1) shall not be adjourned for more than three days without the consent of the defendant.
123.-(1) A defendant who is not released from custody under section 121 or 122 shall be brought before the court forthwith and, in any event, within eight days.
(2) The judge presiding upon any appearance of the defendant in court may, upon the application of the defendant or prosecutor, review any order made under section 122 and make such further or other order under section 122 as to the judge seems appropriate in the circumstances.
Appeal of Bail
124. A defendant or the prosecutor may appeal from an order or refusal to make an order under section 122 or 123 and the appeal shall be to the (court designated by the enacting jurisdiction for appeals under section 90) and shall be conducted in accordance with the rules of the court.
Agent for Appearance
125.-(1) Where a defendant from outside the jurisdiction who is released upon making a deposit under subsection 121(3) or clause 122 (2)(b) does not appear to answer the charge, the judge may order the amount deposited to be applied to payment of the fine and costs imposed by the court upon the conviction.
(2) An officer in charge or judge who takes a recognizance, money or security under section 121 or 122 shall make a return of it to the court where the defendant is required to appear.
(3) The clerk of the court shall, upon the conclusion of proceedings, make a financial return to every person who deposited money or security under a recognizance and return the surplus, if any.
126.(1) The recognizance of a person to appear in a proceeding binds the person and sureties in respect of all appearances required in the proceeding at times and places to which the proceeding is adjourned.
(2) A recognizance is binding in respect of appearances for the offence to which it relates and is not vacated upon the arrest, discharge or conviction of the defendant upon another charge.
(3) The principal to a recognizance is bound for the amount of the recognizance that is due upon forfeiture.
(4) The principal and each surety to a recognizance are bound, jointly and severally, for the amount of the recognizance that is due upon forfeiture for non-appearance.
127.-(1) A surety to a recognizance may, by application in writing to the court at which the defendant is required to appear, apply to be relieved of the obligation under the recognizance and the court shall thereupon issue a warrant for the arrest of the defendant.
(2) A police officer who arrests the defendant under a warrant issued under subsection (1) shall bring the defendant before a judge under section 122 and certify the arrest by certificate in the prescribed form and deliver the certificate to the court.
(3) The receipt of the certificate by the court under subsection (2) vacates the recognizance and discharges the sureties.
Discharge of Surety
128. A surety to a recognizance may discharge the obligation under the recognizance by delivering the defendant into the custody of the court at which the defendant is required to appear at any time while it is sitting at or before the trial of the defendant.
Forfeiture of Recognizance
129.-(1) Where a person who is bound by a recognizance does not comply with a condition of the recognizance, a judge having knowledge of the facts shall endorse on the recognizance a certificate in the prescribed form setting out,
(a) the nature of the default;
(b) the reason for the default, if it is known;
(c) whether the ends of justice have been defeated or delayed by reason of the default; and
(d) the names and addresses of the principal and sureties.
(2) A certificate that has been endorsed on a recognizance under subsection (1) is evidence of the default to which it relates.
(3) The clerk of the court shall transmit the endorsed recognizance to the clerk of the (County or District Court or equivalent lowest trial court of federally appointed judges in the enacting jurisdiction) and, upon its receipt, the endorsed recognizance constitutes an application for the forfeiture of the recognizance.
(4) A judge of the court shall fix a time and place for the hearing of the application and the clerk of the court shall, not less than ten days before the time fixed for the hearing, deliver notice to the prosecutor and to each principal and, where the application is for forfeiture for non-appearance, each surety named in the recognizance, of the time and place fixed for the hearing and requiring each principal and surety to show cause why the recognizance should not be forfeited.
(5) The court may, after giving the parties an opportunity to be heard, in its discretion grant or refuse the application and make any order in respect of the forfeiture of the recognizance that the court considers proper.
(6) Where an order for forfeiture is made under subsection (5),
(a) any money or security forfeited shall be paid over by the person who has custody of it to the person who is entitled by law to receive it; and
(b) the principal and surety become judgment debtors of the Crown jointly and severally in the amount forfeited under the recognizance and the amount may be collected in the same manner as money owing under a judgment of the (county or district court or equivalent civil court of the enacting jurisdiction).