section 732.2(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the conditions under which a probation order will continue in force and sets a maximum duration of three years for such an order.

SECTION WORDING

732.2(2) Subject to subsection (5), (a) where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, or is imprisoned under paragraph 731(1)(b) in default of payment of a fine, the order continues in force except in so far as the sentence renders it impossible for the offender for the time being to comply with the order; and (b) no probation order shall continue in force for more than three years after the date on which the order came into force.

EXPLANATION

Section 732.2(2) of the Criminal Code of Canada pertains to the continuation of a probation order when an offender is convicted of a new offence or imprisoned due to non-payment of a fine. Essentially, when an offender is already bound by a probation order and is convicted of a new offence or is imprisoned for not paying a fine, the original probation order remains in force, unless the sentence of the new offence or imprisonment makes it impossible for the offender to comply with the probation order. Subsection (a) of this section applies to the situations where an offender is already on probation and is convicted of a new offence or imprisoned for not paying a fine. In such instances, the original probation order continues to be in effect, except in cases where the new sentence renders it impossible for the offender to follow the probation order. Subsection (b) sets out a time limit for probation orders in general. It states that no probation order can continue in force for more than three years from the date it was initially granted. This time limit applies to all probation orders and ensures that they are not excessively lengthy in duration. Overall, section 732.2(2) is an important provision in the Canadian Criminal Code that allows for the continuation of a probation order when an offender is convicted of a new offence or imprisoned for not paying fines. By providing such continuity, it allows for the original terms of the probation order to remain in effect and assist the offender in rehabilitation efforts. Additionally, the three-year time limit for probation orders ensures that they are not overly burdensome on the offender and can be modified as circumstances change.

COMMENTARY

Section 732.2(2) of the Criminal Code of Canada is a provision that governs the length of time during which a probation order can remain in effect. This section stipulates that a probation order can continue in force after an offender has been convicted of an offence or imprisoned for defaulting on a fine, as long as the sentence does not render it impossible for the offender to comply with the terms of the order. Furthermore, the provision mandates that no probation order can remain in effect for more than three years from the date on which it took effect. The purpose of a probation order is to provide an offender with an opportunity to rehabilitate themselves and reintegrate into society. The Court may impose a probation order as an alternative to a custodial sentence or as part of a sentence following a guilty verdict for a criminal offense. Probation orders typically require an offender to comply with certain conditions, such as abstaining from drugs or alcohol, attending therapy or counseling sessions, and reporting to a probation officer. Section 732.2(2) recognizes that a probation order remains valid even after an offender has committed another offense. The section stipulates that the probation order is still valid, except in so far as the sentence renders it impossible for the offender to comply with the order. This means that if an offender has been sentenced to a lengthy term in prison, they may be unable to comply with probation conditions during that time, and the probation order would not be valid for the duration of the prison sentence. The provision also sets a maximum timeframe for which a probation order can remain valid. It stipulates that no probation order can remain in effect for more than three years from the date of its inception. This timeframe recognizes that probation provides an opportunity for an offender to rehabilitate themselves and reintegrate into society. However, it also recognizes that there are limits to the length of time during which an offender can be under a probation order, and that the order must not impede the offender's ability to move on from their offending behavior. In conclusion, Section 732.2(2) of the Criminal Code of Canada is a provision that governs the length of time during which a probation order can remain in effect. This provision recognizes that probation provides an opportunity for an offender to rehabilitate themselves and reintegrate into society, while acknowledging that there are limits to the length of time during which an offender can be under a probation order. Ultimately, this section plays a crucial role in the criminal justice system by ensuring that probation orders are used effectively to promote offender rehabilitation and community safety.

STRATEGY

Section 732.2(2) of the Criminal Code of Canada is a provision that governs probation orders for offenders who are convicted of an offence or imprisoned in default of payment of a fine. The section states that a probation order continues to be in force, subject to certain conditions outlined in the subsections, and that such orders shall not continue for more than three years after the date in which they came into effect. Strategic considerations when dealing with this section of the Criminal Code of Canada can vary depending on the particular circumstances of each case. However, some general strategies that could be employed include the following: 1. Compliance with the terms of the probation order: In order to ensure that the probation order remains in force, the offender must comply with the terms of the order. This may include attending counseling or treatment sessions, refraining from alcohol or drug use, or reporting to a probation officer on a regular basis. Failure to comply with any of these conditions may result in the revocation of the probation order. 2. Seeking legal advice: Offenders who are subject to a probation order should seek legal advice to understand the conditions of the order and their rights and obligations under the order. Legal representation can also help to negotiate any modifications or extensions of the probation order. 3. Maintaining communication with the probation officer: Offenders should maintain regular communication with their probation officer to ensure that they are aware of any changes to the conditions of their order or any upcoming appointments or court dates. 4. Completing any outstanding fines or sentences: Offenders who are imprisoned in default of payment of a fine should make arrangements to pay the outstanding fines or complete any outstanding sentences in order to avoid the revocation of their probation order. 5. Demonstrating good behaviour: Offenders who demonstrate good behaviour may be able to negotiate modifications to their probation order or an early termination of their probation. This may include completing community service, attending counseling or treatment sessions, or attending educational or employment programs. Overall, strategic considerations when dealing with section 732.2(2) of the Criminal Code of Canada involve ensuring compliance with the terms of the probation order, seeking legal advice, maintaining communication with the probation officer, completing outstanding fines or sentences, and demonstrating good behaviour. By following these strategies, offenders can ensure that their probation order remains in force and that they are able to successfully complete their sentence.