DATE: May 20, 2008
UPDATE: November 28, 2008
SUBJECT: RETURN OF PRISONERS AND PERSONS ARRESTED ON WARRANT FROM OUTSIDE ALBERTA
To provide a procedure and outline the criteria governing the decision as to whether to return from outside of Alberta a prisoner or other person who has been arrested on warrants.
- Where a prisoner or person arrested outside Alberta is required to appear in Alberta, the decision whether to return that person to Alberta is to be made by the Chief Crown Prosecutor or a person designated by the Chief Crown Prosecutor.
- In determining whether to return a prisoner from out-of-province, the Chief Crown Prosecutor or designate shall consider the following criteria:
- the seriousness of the crime;
- the likelihood that the evidence is still available;
- the likelihood that the prisoner will be retained in custody if returned;
- the alternative of a waiver of the charges to the other province for a guilty plea;
- the alternative of release by a Justice of the Peace in the other province on the condition that the prisoner appear in the appropriate Alberta court location; and
- whether the costs to the public are such that the expenditure of public money to return the prisoner would be in the public interest.
- If approval to return the prisoner is granted, the Chief Crown Prosecutor or designate shall provide the requesting police with confirmation in writing.
- If approval to return the prisoner is denied, the Chief Crown Prosecutor or designate shall:
- determine whether the prisoner wishes to request to waive the charges pursuant to s. 478(3) of the Criminal Code of Canada; and
- accede to such a request; or
- if the prisoner does not request to have the charges waived, request that the prisoner be released to appear in the judicial district of Alberta in which the charges originated; and
- cause a record of the denial to be kept in a bulk file.
- A decision not to return a prisoner may be reviewed by the Assistant Deputy Minister upon the request of the Assistant Deputy Minister of the returning province. In the event that such a review is requested, the Chief Crown Prosecutor shall forthwith provide the Assistant Deputy Minister with a brief report indicating the reasons for the denial.