Precedent - Detention Order: Difference between revisions

Revision as of 20:21, 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

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 thing(s) detained by Police INITIAL ORDER TO DETAIN I ORDER that pursuant to s. 490(1), (2) that: ☐ the things set out in Form 5.2 (report to justice) for a period not exceeding: _________ unless before the expiration of that period: a justice is satisfied on application, that having regard to the nature of the investigation, their further detention for a period is warranted and they so order; or proceedings are instituted in which the thing(s) detained may be required. I ORDER that the thing(s) detained be held in the custody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any investigation(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(1), (2) of the ''Criminal Code'' to Detain Items Seized by Police
+'''IN THE MATTER OF:'''	An Application made pursuant to section 490(1), (2) of the ''Criminal Code'' to thing(s) detained by Police
 ; <center>INITIAL ORDER TO DETAIN<center>
-I ORDER that pursuant ot s. 490(1), (2) that:
+'''I ORDER''' that pursuant to s. 490(1), (2) that:
-*{{box}} the things set out in Form 5.2 (report to justice)
+* {{box}} the things set out in Form 5.2 (report to justice)
 for a period not exceeding:
 _________
-unless before the experation of that period:
+unless before the expiration of that period:
-* a justice is
+* a justice is satisfied on application, that having regard to the nature of the investigation, their further detention for a period is warranted and they so order; or
-* proceedingsa re instituted in which the thing(s) detained may be required.
+* proceedings are 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.
+'''I ORDER''' that the thing(s) detained be held in the custody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any investigation(s) or until it is required to be provided for the purpose of a preliminary inquiry, trial or other proceedings.
 {{DATED}}

Revision as of 20:21, 5 May 2021

Order

See Also