Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 124
Disposition versions

Full text
Release after arrest by officer in charge or peace officer
124(1)In this section
“officer in charge” means the peace officer who is in charge of the lock-up or other place to which a person arrested is taken after arrest.
124(2)Where a person arrested is not released under section 123, the peace officer shall deliver that person to the officer in charge.
124(3)Where the officer in charge is in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer necessary in the public interest, having regard to all of the circumstances including those circumstances referred to in paragraphs 119(2)(a), (b), (c) and (d), to detain the person arrested, the officer in charge shall release the person and may serve the person with an appearance notice, a ticket or a violation ticket.
124(4)Where the officer in charge is not in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer in the public interest to detain the person arrested, the officer in charge shall notify the peace officer who made the arrest so that the peace officer may determine whether the person arrested should be released in accordance with section 123.
124(5)Where a person is detained for the reason only that it is believed that the person may otherwise evade the jurisdiction of the court, the officer in charge or, in a case where subsection (4) applies, the peace officer who made the arrest, may release that person on serving an appearance notice, a ticket or a violation ticket if the person deposits with the officer in charge or the peace officer
(a) a sum of money in an amount equal to the minimum fine set for the offence or, where no minimum fine is set for the offence, a sum of money in an amount not exceeding two hundred and fifty dollars, or
(b) some other satisfactory security.
1990, c.18, s.68; 2017, c.58, s.22
Release after arrest by officer in charge or peace officer
124(1)In this section
“officer in charge” means the peace officer who is in charge of the lock-up or other place to which a person arrested is taken after arrest.
124(2)Where a person arrested is not released under section 123, the peace officer shall deliver that person to the officer in charge.
124(3)Where the officer in charge is in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer necessary in the public interest, having regard to all of the circumstances including those circumstances referred to in paragraphs 119(2)(a), (b), (c) and (d), to detain the person arrested, the officer in charge shall release the person and may serve the person with an appearance notice or a ticket.
124(4)Where the officer in charge is not in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer in the public interest to detain the person arrested, the officer in charge shall notify the peace officer who made the arrest so that the peace officer may determine whether the person arrested should be released in accordance with section 123.
124(5)Where a person is detained for the reason only that it is believed that the person may otherwise evade the jurisdiction of the court, the officer in charge or, in a case where subsection (4) applies, the peace officer who made the arrest, may release that person on serving an appearance notice or a ticket if the person deposits with the officer in charge or the peace officer
(a) a sum of money in an amount equal to the minimum fine set for the offence or, where no minimum fine is set for the offence, a sum of money in an amount not exceeding two hundred and fifty dollars, or
(b) some other satisfactory security.
1990, c.18, s.68
Release after arrest by officer in charge or peace officer
124(1)In this section
“officer in charge” means the peace officer who is in charge of the lock-up or other place to which a person arrested is taken after arrest.
124(2)Where a person arrested is not released under section 123, the peace officer shall deliver that person to the officer in charge.
124(3)Where the officer in charge is in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer necessary in the public interest, having regard to all of the circumstances including those circumstances referred to in paragraphs 119(2)(a), (b), (c) and (d), to detain the person arrested, the officer in charge shall release the person and may serve the person with an appearance notice or a ticket.
124(4)Where the officer in charge is not in a position of authority over the peace officer who made the arrest and is of the opinion that it is no longer in the public interest to detain the person arrested, the officer in charge shall notify the peace officer who made the arrest so that the peace officer may determine whether the person arrested should be released in accordance with section 123.
124(5)Where a person is detained for the reason only that it is believed that the person may otherwise evade the jurisdiction of the court, the officer in charge or, in a case where subsection (4) applies, the peace officer who made the arrest, may release that person on serving an appearance notice or a ticket if the person deposits with the officer in charge or the peace officer
(a) a sum of money in an amount equal to the minimum fine set for the offence or, where no minimum fine is set for the offence, a sum of money in an amount not exceeding two hundred and fifty dollars, or
(b) some other satisfactory security.
1990, c.18, s.68