Release or delivery of accused subject to paragraph 672.54(b) disposition order
672.92 (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and
(a) issue a summons or appearance notice compelling the accused’s appearance before a justice; and
(b) deliver the accused to the place specified in the disposition or assessment order.
No release
(2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,
(a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to
(i) establish the identity of the accused,
(ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,
(iii) prevent the commission of an offence, or
(iv) prevent the accused from contravening or failing to comply with the disposition or assessment order;
(b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or
(c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.
Accused to be brought before justice
(3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.
Accused subject to paragraph 672.54(c) disposition order
(4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.
Justice not available
(5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.
Annotations
- Part XX.1