section 380.2(2)

INTRODUCTION AND BRIEF DESCRIPTION

The court can impose a prohibition for any duration, including the term of imprisonment, under the Criminal Code of Canada section 380.2(2).

SECTION WORDING

380.2(2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

EXPLANATION

Section 380.2(2) of the Criminal Code of Canada deals with the imposition of a prohibition order on individuals who have been convicted of certain offenses related to property, such as theft, fraud, or forgery. According to this provision, a court may order a prohibition on the offender for any period it deems appropriate, which could even extend beyond the term of a prison sentence. The purpose of a prohibition order is to restrict the ability of a convicted individual to engage in activities that may facilitate the commission of similar offenses in the future. For instance, a prohibition order may prohibit the offender from entering certain premises, possessing or using specific types of equipment or tools, or engaging in specific types of business activities. A court may issue a prohibition order as a separate sentence or as a condition of probation. It may also modify or revoke such an order at any time based on the circumstances of the case. The length and nature of a prohibition order depend on various factors, such as the severity of the offense, the offender's criminal history, and the likelihood of reoffending. A court may also take into account the views of the victim or the Crown prosecutor in determining the appropriate duration and conditions of a prohibition order. In summary, Section 380.2(2) of the Criminal Code of Canada allows a court to impose a prohibition order on individuals convicted of property-related offenses for any period that it considers necessary to protect the public and prevent future crimes. Such an order may include various restrictions on the offender's activities, and its duration may exceed the length of any prison sentence.

COMMENTARY

Section 380.2(2) of the Criminal Code of Canada gives the court the discretion to impose a prohibition order on an individual in addition to any other sentence, including imprisonment. The prohibition order can be for any period that the court deems appropriate to ensure the safety of the public and prevent the individual from reoffending. This provision is crucial in the criminal justice system as it ensures the protection of the public. It gives the court the power to prevent an individual from engaging in specific activities or entering certain areas, which may be necessary to protect the public from harm. The prohibition order can be tailored to fit the specific circumstances of the case, be it prohibiting the individual from using a computer or internet, entering a specific area or establishing business relationships. The imposition of a prohibition order can serve multiple purposes. Firstly, it can serve as a form of deterrence to the individual, preventing them from engaging in actions that could lead to harm. Secondly, it can serve as an assurance to the community that the offender will not engage in activities that could endanger them. Lastly, it can provide the offender with an opportunity for rehabilitation, allowing them to demonstrate that they can abide by the conditions of the order, thereby increasing their chances of reintegration into society. It is important to note that the imposition of a prohibition order does not absolve the offender of their crimes. They are still required to serve their sentence and comply with the conditions of their prohibition order. Failure to do so can result in the imposition of additional penalties, including fines or imprisonment. Moreover, the duration of the prohibition order can be extended or reduced based on the offender's compliance with the conditions and any potential threat to the public. This flexibility allows the court to adjust the order in real-time and provides an incentive for the offender to adhere to the conditions of their order. In conclusion, Section 380.2(2) of the Criminal Code of Canada gives the court the power to impose a prohibition order on an offender to protect the public and prevent further criminal activity. This provision serves as a crucial tool in ensuring the safety of the community, while providing the offender with the opportunity to demonstrate their willingness to abide by the law and be rehabilitated.

STRATEGY

Section 380.2(2) of the Criminal Code of Canada empowers the court to impose a prohibition order on an offender for any duration it deems fit. This provision can be a valuable tool in the arsenal of prosecutors and lawyers to prevent or mitigate the risk posed by offenders who commit fraud, theft, and other economic crimes. However, there are several strategic considerations that practitioners must keep in mind while dealing with this section. Firstly, the court must satisfy itself that a prohibition order is necessary and appropriate in the circumstances of the case. The court will consider factors such as the nature and gravity of the offence, the offender's history and character, the harm caused to the victim(s), the risk of reoffending, and any mitigating or aggravating factors. A prohibition order is discretionary and must be tailored to fit the specific circumstances of the case, without being overly punitive or restrictive. Secondly, practitioners must be mindful of the potential collateral consequences of a prohibition order. A prohibition order can affect an offender's employment, business, and personal life, as it restricts their ability to engage in certain activities, such as managing a business, accessing financial services, or holding a position of trust. As such, practitioners must balance the public interest in protecting society from economic crimes with the offender's right to rehabilitation and reintegration into society. Thirdly, practitioners must be aware of the enforcement challenges associated with a prohibition order. A prohibition order is only effective if it is enforceable, and the court must ensure that the order is clear, specific, and unambiguous. Moreover, the court must ensure that the order is communicated to the offender, the relevant agencies, and the affected parties. Practitioners must also consider the resources and capacity of enforcement agencies, such as police, regulators, and financial institutions, to monitor and enforce the prohibition order effectively. Fourthly, practitioners must consider the potential for appeals and reviews of prohibition orders. A prohibition order can be challenged on several grounds, such as the lack of evidence, the severity or duration of the order, or the failure to consider the offender's circumstances. As such, practitioners must be prepared to defend the order on appeal or review, and ensure that the court's reasoning and findings are well-documented and supported. Given these strategic considerations, several strategies could be employed when dealing with section 380.2(2) of the Criminal Code of Canada. These strategies include: 1. Gathering and presenting compelling evidence of the offender's involvement in economic crimes, the harm caused to the victim(s), and the risk of reoffending. 2. Crafting a tailored, clear, and specific prohibition order that is proportional to the offence committed and does not unduly restrict the offender's rights and freedoms. 3. Ensuring that the prohibition order is communicated effectively to the offender, the relevant agencies, and the affected parties, and that the monitoring and enforcement measures are sufficient and reasonable. 4. Considering the potential for appeals and reviews of the prohibition order and ensuring that the order is defensible on legal and factual grounds. 5. Exploring alternative dispositions, such as diversion, conditional sentences, or restitution, where appropriate and feasible, that could achieve the same or better outcomes as a prohibition order. In conclusion, section 380.2(2) of the Criminal Code of Canada is a powerful provision that can be an effective tool in preventing and deterring economic crimes. However, practitioners must exercise caution and consideration when employing this provision, and ensure that the prohibition order is tailored, enforceable, and defensible in court.