JUST 2030 Lecture Notes - Lecture 2: Ibm Aix
Provincial Offences Act (POA)
This act has no offences/charges
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Strictly for procedures
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POA serves as an umbrella act for all provincial statutes
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Provincial Offences Act (POA) -Definitions
Court
The Ontario court (Provincial division).
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Judge
Means provincial judge or justice of the people.
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Police Officer
Means chief of police or other police officer but does not include special constable
or by-law officer.
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Provincial Offences Officer
Means a police officer or anyone designated in writing by the ministry of the crown.
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Authorities
If an individual provincial statute does not state an authority (Ex. arrest) an officer
should refer to the Provincial Offences Act.
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Arrest without Warrant (sec.145)
Any person may arrest any person they believe on R & PG has committed an
offence & escaping from or freshly pursued by a P.O. In lawful execution of their
duty, must turn person over to P.O.
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Provincial Offences Officer Authorities -Definitions
Arrest W.W (sec.144)
P.O may arrest person against whom the warrant is directed whenever they are
found in Ontario.
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Use of Force (s.146)
Every P.O acting on R & PG is justified in using as much force as is necessary to do
what is required by law to do.
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Limitation of Action (sec.76{1})
Under the POA proceedings must be commenced no later than six months from the
date of the offence. The limitation may be extended by the justice with the
consent of the defendant.
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Search Warrant (sec.158)
Justice may issue warrant when they believe on reasonable grounds there is in a
building, receptacle or place where:
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Anything in respect of which an offence has been or is suspected to have been
committed OR
a.
Anything that might reasonably be believed to afford evidence of an offence. b.
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Provincial Offences -Warrants
The justice may issue warrant to P.O. or any person named therein.
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Warrant must be executed within 15 days of issue.
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Must be executed between 6:00am & 9:00pm unless otherwise stated.
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Provincial Offences Act (POA)
Part 1 Offence Notice
Use whenever there is a set fine of $500.00 or less.
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Officer has 30 days to serve the accused.
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Accused does not have to go to court.
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Must state designated fine as listed in Provincial offences short form wording book.
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No court date given.
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Not to be used when dealing with a "young person".
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Young Person
Anyone who at the time of the offence was, or appeared to be between the ages of 12-16
years.
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Young person must be charged by way of summons and must appear in court.
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Parent of young person shall be noticed of the offence by delivering a copy of the
summons to them.
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Part III-Offences Summons
Accused served on the spot at the time of offence.
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Used when there is no set fine (NSF) or the fine is more than $500.00.
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Must be served on the accused by the issuing officer.
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Accused must attend court.
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Court date is written on the summons.
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Accused does not sign the summons.
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Long Form
Officer has 6 months to lay the information from time of the offence.
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Can be used when officer not able to use a part I/part III because of time limits.
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Summons is issued after information is sworn to.
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Used when additional investigation is required & charges are laid at a later time.
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It does not matter what the fine is (under $500.00, over $500,00, or NSF).
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Rate of section for
Speeding on a highway?
128 HTA S.
Reporting an accident
199 (1) HTA S.
199 (2)
Def of 'Foster Care'
S. 3 (1) CFSA
Def of 'Game'
1 (1) FWCAS.
Def of 'Flavoured Cigarello'?
1 (1) SFOAS.
Def of 'Police Officer'
1 (1) POAS.
Section that deals w/ Victim
Surcharge
Ontario Reg 161/100S.
Physician obligation to report
a disease
25 (1) HPPAS.
Age you can use a sun
tanning bed?
2 (3) (at least 18)S.
Every Police Officer is
considered a Provincial
Offences Officer.
W2 (POA) Provincial Offences Act
Tuesday,) January) 16,)2018
3:58)PM
Document Summary
Poa serves as an umbrella act for all provincial statutes. Means provincial judge or justice of the people. Means chief of police or other police officer but does not include special constabl or by-law officer. Means a police officer or anyone designated in writing by the ministry of the crow. If an individual provincial statute does not state an authority (ex. arrest) an office should refer to the provincial offences act. Any person may arrest any person they believe on r & pg has committed an offence & escaping from or freshly pursued by a p. o. In lawful execution of their duty, must turn person over to p. o. P. o may arrest person against whom the warrant is directed whenever they are found in ontario. Every p. o acting on r & pg is justified in using as much force as is necessary to do what is required by law to do.
