INTRODUCTION AND BRIEF DESCRIPTION
This section provides the form for conviction and warrant of committal for a section 708 offense.
SECTION WORDING
708(3) A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.
EXPLANATION
Section 708(3) of the Criminal Code of Canada provides information about the forms that may be utilized in the case of a conviction under this section. This section pertains specifically to the penalties and procedures related to imprisonment for non-payment of fines. Under Canadian criminal law, an individual who has been convicted of a criminal offense may be ordered to pay a fine as part of their sentence. However, if the individual fails to pay the fine, they may be subject to imprisonment. Section 708(3) outlines the procedures and forms that may be used in such a case. Essentially, if an individual is convicted under this section, their conviction may be recorded on Form 38. Additionally, if a warrant of committal is issued in relation to this conviction, it may be recorded on Form 25. These forms provide a standardized method for recording and processing information related to the conviction and imprisonment of an individual who has failed to pay a fine. The use of these forms helps to ensure consistency in the processing of such cases and helps to expedite the legal process. Ultimately, section 708(3) of the Criminal Code of Canada is an important tool for ensuring that those who are convicted of criminal offenses and ordered to pay fines are held accountable for their actions. By providing a clear framework for the processing and recording of such cases, this section helps to ensure that Canada's legal system operates in a fair and efficient manner.
COMMENTARY
Section 708(3) of the Criminal Code of Canada may seem like a simple provision at first glance, but it is an essential element of the overall legal system. This provision deals with the forms used for convictions and warrant of committal under this section. These two forms are crucial in ensuring that the legal system functions smoothly and effectively. Section 708 of the Criminal Code of Canada outlines the rules regarding the provision of sureties, which is a person who guarantees that an accused person will appear in court for their trial. This section specifies the requirements for sureties and sets out the consequences for breaching or failing to comply with such requirements. In the legal system, forms are incredibly important, as they establish a standard document for different purposes. Section 708(3) ensures that the correct form is used for convictions under this section- Form 38- and that the proper warrant of committal is used - Form 25. Using the correct forms is essential to ensure that the legal system functions correctly and to avoid confusion, misunderstandings, and errors. Form 38 is a judgment of conviction, a document that sets out the details of the conviction of an accused person. It outlines the charges the individual was convicted of, what penalty was imposed, and any other specific information related to the conviction. Verifying that the form is correctly filled out and signed is crucial in ensuring that a conviction is officially recognized by the legal system. This process is essential for developing an accurate criminal record and for tracking repeat offenders who may become threats to society. Form 25 is a warrant of committal, which is a document authorizing the imprisonment of an individual. This document is used once an individual has been convicted, and the judge has issued an order for the individual to serve a sentence, which may include prison time. This form ensures that the police have the necessary authority to find and detain the convicted individual and bring them to prison. Without the proper documentation, the execution of a sentence could be delayed, resulting in added complications and additional problems for the legal system. In conclusion, section 708(3) of the Criminal Code of Canada highlights the importance of using proper forms in the legal system. This section ensures that the appropriate forms are used for convictions and warrants of committal, which are instrumental in ensuring that the legal system operates smoothly and efficiently. The requirement for these forms has allowed the justice system to keep accurate and detailed records that help identify repeat offenders, assess the effectiveness of police practices and judicial decisions. Ultimately, it is vital that the legal system continues to maintain and enforce the strict use of these forms.
STRATEGY
Section 708(3) of the Criminal Code of Canada pertains to the power of the court to order the offender to pay restitution as a part of his or her sentence. Restitution refers to the payment that an offender is ordered to make to the victim or the community for the damage or harm caused by his or her criminal behavior. The amount of restitution is generally determined by the nature and extent of the damage caused by the offense. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Firstly, it is important to assess the scope and nature of the damage caused by the offense and the ability of the offender to make the restitution payments. In some cases, the offender may not have the financial resources to make full restitution payments, and alternative methods of compensation may need to be considered, such as community service or sponsored work programs. Secondly, it may be important to consult with victims and their families to ensure that they are comfortable with the amount of restitution being sought and that their needs and interests are being met. This can help to build trust and ensure cooperation between the offender, the court, and the victim, and can also help to foster a sense of accountability and responsibility on the part of the offender. Another key strategic consideration is to ensure that the restitution order is clearly and specifically worded so that the offender is aware of the nature and extent of his or her obligations. This can help to prevent confusion and misunderstandings, and can also help to establish a clear and documented record of the offender's obligations and compliance with the sentence. In terms of strategies that could be employed, there are several options available to the court and the prosecutor. Firstly, the prosecutor may seek to negotiate a plea deal with the offender in which they agree to pay restitution as a condition of the plea. This can avoid the need for a lengthy and costly trial and can help to ensure that the victim receives compensation in a timely manner. Another strategy is to seek an order for a victim impact statement, in which the victim or their family is given an opportunity to express the emotional, psychological, and financial toll of the crime. This can help to ensure that the offender fully understands the extent of the harm caused by their actions, and can also help to inform the court about the appropriate level of restitution that should be sought. In some cases, the court may also consider using a third-party trustee to collect and manage the restitution payments. This can help to ensure that the payments are made in a timely and reliable manner, and can also help to monitor the offender's compliance with the restitution order. Overall, when dealing with section 708(3) of the Criminal Code of Canada, it is important to take a strategic approach that considers the needs and interests of all parties involved. By exploring creative and flexible solutions, such as negotiated plea agreements, victim impact statements, and third-party trustees, it may be possible to achieve greater compliance with restitution orders and to foster a sense of justice and accountability in the criminal justice system.