Precedent - Detention Order: Difference between revisions

Revision as of 21:19, 5 May 2021

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

See also: Extending an Initial Detention Order and Precedent - Extension of Detention Order (Over One Year)

ORDER OF ININTIAL DETENTION
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] IN THE MATTER OF: An Application made pursuant to section 490(1), (2) of the Criminal Code to Detain Items Seized by Police BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] INITIAL ORDER TO DETAIN I ORDER that pursuant ot s. 490(1), (2) that: ☐ the things set out in Form 5.2 (report to justice) for a period not exceeding: _________ unless before the experation of that period: a justice is proceedingsa re instituted in which the thing(s) detained may be required. I ORDER that the thing(s) detained be held in thecustody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any invesitgation(s) or until it is required to be provided for the purpose of a preliminary inquiry, trial or other proceedings. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. ___________________________________________ Judge/Justice of [level of court]

@@ Line 10: / Line 10: @@
 | style="width: 50%; vertical-align: top;" |
 {{Style of Cause Header}}
-'''IN THE MATTER OF:'''	An Application made pursuant to section 490(2)(a) of the Criminal Code to Extend the Detention of Items Seized by Police
+'''IN THE MATTER OF:'''	An Application made pursuant to section 490(1), (2) of the ''Criminal Code'' to Detain Items Seized by Police
 {{Style of Cause Between}}
-{{TITLE|NOTICE OF APPLICATION FOR FURTHER DETENTION OF PROPERTY SEIZED|(Pursuant to Section 490(2))}}
+INITIAL ORDER TO DETAIN
+I ORDER that pursuant ot s. 490(1), (2) that:
+*{{box}} the things set out in Form 5.2 (report to justice)
+for a period not exceeding:
+_________
+unless before the experation of that period:
+* a justice is
+* proceedingsa re instituted in which the thing(s) detained may be required.
+I ORDER that the thing(s) detained be held in thecustody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any invesitgation(s) or until it is required to be provided for the purpose of a preliminary inquiry, trial or other proceedings.
+{{DATED}}
+{{JudgeSignature}}
-{{WHEREAS Charges}}
 |}