GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 752.1
Application for remand for assessment 752.1 (1) On application by the prosecutor, if the court is of the opinion that there are reasonable grounds to believe that an offender who is convicted of a serious personal injury offence or an offence referred to in paragraph 753.1(2)(a) might be found to be a dangerous offender under section 753 or a long-term offender under section 753.1, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under section 753 or 753.1. Report (2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender. Extension of time (3) On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so. 1997, c. 17, s. 4; 2008, c. 6, s. 41
Criminal Code — C-46 753
ffence for which the offender has been convicted — which must be a minimum punishment of imprisonment for a term of two years — and order that the offender be subject to long-term supervision for a period that does not exceed 10 years; or (c) impose a sentence for the offence for which the offender has been convicted. Sentence of indeterminate detention (4.1) The court shall impose a sentence of detention in a penitentiary for an indeterminate period unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a lesser measure under paragraph (4)(b) or (c) will adequately protect the public against the commission by the offender of murder or a serious personal injury offence. If application made after sentencing (4.2) If the application is made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, a sentence imposed under paragraph (4)(a), or a sentence imposed and an order made under paragraph 4(b), replaces the sentence that was imposed for the offence for which the offender was convicted. If offender not found to be dangerous offender (5) If the court does not find an offender to be a dangerous offender, (a) the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or (b) the court may impose sentence for the offence for which the offender has been convicted. (6) [Repealed, 2008, c. 6, s. 42] R.S., 1985, c. C-46, s. 753; 1997, c. 17, s. 4; 2008, c. 6, s. 42
Criminal Code — C-46 753.01
Application for remand for assessment — later conviction 753.01 (1) If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under subsection (4). Report (2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender. Extension of time (3) On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so. Application for new sentence or order (4) After the report is filed, the prosecutor may apply for a sentence of detention in a penitentiary for an indeterminate period, or for an order that the offender be subject to a new period of long-term supervision in addition to any other sentence that may be imposed for the offence. Sentence of indeterminate detention (5) If the application is for a sentence of detention in a penitentiary for an indeterminate period, the court shall impose that sentence unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a sentence for the offence for which the offender has been convicted — with or without a new period of long-term supervision — will adequately protect the public against the commission by the offender of murder or a serious personal injury offence. New long-term supervision (6) If the application is for a new period of long-term supervision, the court shall order that the offender be subject to a new period of long-term supervision in addition to a sentence for the offence for which they have been convicted unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence. 2008, c. 6, s. 43
Criminal Code — C-46 753.02
Victim evidence 753.02 Any evidence given during the hearing of an application made under subsection 753(1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing held with respect to the offender under paragraph 753(5)(a) or subsection 753.01(5) or (6). 2008, c. 6, s. 43
Criminal Code — C-46 753.2
Long-term supervision 753.2 (1) Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving (a) the sentence for the offence for which the offender has been convicted; and (b) all other sentences for offences for which the offender is convicted and for which sentence of a term of imprisonment is imposed on the offender, either before or after the conviction for the offence referred to in paragraph (a). Sentence served concurrently with supervision (2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision. Application for reduction in period of long-term supervision (3) An offender who is required to be supervised, a member of the Parole Board of Canada or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act , may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant. Notice to Attorney General (4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made. 1997, c. 17, s. 4; 2008, c. 6, s. 45; 2012, c. 1, ss. 147, 160
Criminal Code — C-46 753.3
Breach of long-term supervision 753.3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. Where accused may be tried and punished (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province. 1997, c. 17, s. 4; 2008, c. 6, s. 46 2019, c. 25, s. 307
Criminal Code — C-46 753.4
New offence 753.4 (1) If an offender who is subject to long-term supervision commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the long-term supervision is interrupted until the offender has finished serving all the sentences, unless the court orders its termination. Reduction in term of long-term supervision (2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender’s long-term supervision. 1997, c. 17, s. 4; 2008, c. 6, s. 47
Criminal Code — C-46 754
Hearing of application 754 (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application; (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be. By court alone (2) An application under this Part shall be heard and determined by the court without a jury. When proof unnecessary (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required. Proof of consent (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document. R.S., 1985, c. C-46, s. 754; R.S., 1985, c. 27 (1st Supp.), s. 203; 2008, c. 6, s. 48
Criminal Code — C-46 755
Exception to long-term supervision — life sentence 755 (1) The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment. Maximum length of long-term supervision (2) The periods of long-term supervision to which an offender is subject at any particular time must not total more than 10 years. R.S., 1985, c. C-46, s. 755; 1997, c. 17, s. 5; 2008, c. 6, s. 49
Criminal Code — C-46 757
Evidence of character 757 Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted (a) on the question of whether the offender is or is not a dangerous offender or a long-term offender; and (b) in connection with a sentence to be imposed or an order to be made under this Part. R.S., 1985, c. C-46, s. 757; 1997, c. 17, s. 5; 2008, c. 6, s. 50
Criminal Code — C-46 758
Presence of accused at hearing of application 758 (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require. Exception (2) Notwithstanding subsection (1), the court may (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper. R.S., c. C-34, s. 693; 1976-77, c. 53, s. 14
Criminal Code — C-46 759
Appeal — offender 759 (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact. (1.1) [Repealed, 2008, c. 6, s. 51] Appeal — Attorney General (2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law. Disposition of appeal (3) The court of appeal may (a) allow the appeal and (i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or (ii) order a new hearing, with any directions that the court considers appropriate; or (b) dismiss the appeal. (3.1) and (3.2) [Repealed, 2008, c. 6, s. 51] Effect of decision (4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court. (4.1) to (5) [Repealed, 2008, c. 6, s. 51] Commencement of sentence (6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted. Part XXI applies re appeals (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section. R.S., 1985, c. C-46, s. 759; 1995, c. 22, s. 10; 1997, c. 17, s. 6; 2008, c. 6, s. 51
Criminal Code — C-46 760
Disclosure to Correctional Service of Canada 760 Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information. R.S., 1985, c. C-46, s. 760; 1997, c. 17, s. 7
Criminal Code — C-46 761
Review for parole 761 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions. Idem (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the Parole Board of Canada shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions. R.S., 1985, c. C-46, s. 761; 1992, c. 20, s. 215; 1997, c. 17, s. 8; 2012, c. 1, s. 160
Criminal Code — C-46 762
Applications for forfeiture 762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule. Definitions (2) In this Part, clerk of the court means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule; ( greffier du tribunal ) schedule means the schedule to this Part. ( annexe ) R.S., 1985, c. C-46, s. 762 2019, c. 25, s. 309
Criminal Code — C-46
clerk of the court means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule; ( greffier du tribunal )
Criminal Code — C-46
schedule means the schedule to this Part. ( annexe )
Criminal Code — C-46 763
Undertaking or release order binding on person 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held. Summary of certain provisions (2) A summary of section 763 must be set out in any undertaking, release order or recognizance. R.S., 1985, c. C-46, s. 763; R.S., 1985, c. 27 (1st Supp.), s. 203 2019, c. 25, s. 310
Criminal Code — C-46 764
Undertaking or release order binding on accused 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be. Committal or new sureties (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be. Effect of committal (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2). Summary of certain provisions (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order. R.S., 1985, c. C-46, s. 764; R.S., 1985, c. 27 (1st Supp.), s. 203 2019, c. 25, s. 310
Criminal Code — C-46 765
Effect of subsequent arrest 765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates. R.S., 1985, c. C-46, s. 765 2019, c. 25, s. 310
Criminal Code — C-46 766
Render of accused by sureties 766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order. Arrest (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law. Certificate and entry of render (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be. Discharge of sureties (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties. R.S., 1985, c. C-46, s. 766; R.S., 1985, c. 27 (1st Supp.), s. 203 2019, c. 25, s. 310
Criminal Code — C-46 767
Render of accused in court by sureties 767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law. R.S., 1985, c. C-46, s. 767 2019, c. 25, s. 310
Criminal Code — C-46 767.1
Substitution of surety 767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance. Signing of release order or recognizance by new sureties (2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected. R.S., 1985, c. 27 (1st Supp.), s. 167 2019, c. 25, s. 310
Criminal Code — C-46 768
Rights of surety preserved 768 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance. R.S., 1985, c. C-46, s. 768 2019, c. 25, s. 310
Criminal Code — C-46 769
Application of judicial interim release provisions 769 Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with such modifications as the circumstances require, in respect of him and he shall forthwith be taken before a justice or judge as an accused charged with an offence or as an appellant, as the case may be, for the purposes of those provisions. R.S., c. C-34, s. 703; R.S., c. 2(2nd Supp.), s. 14