INTRODUCTION AND BRIEF DESCRIPTION
If an offender under long-term supervision commits an offense and receives a prison sentence, their supervision is suspended until all sentences are served, unless a court orders its termination.
SECTION WORDING
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.
EXPLANATION
Section 753.4(1) of the Criminal Code of Canada deals with long-term supervision orders for offenders. Long-term supervision orders are typically imposed when an offender is released from prison, but still considered to be a high risk of reoffending. These orders require the offender to be supervised by a parole officer and to comply with certain conditions for a period of up to 10 years. If an offender who is subject to a long-term supervision order commits one or more offences under any Act, not just the Criminal Code of Canada, the court may impose a sentence of imprisonment for those offences. Section 753.4(1) sets out what happens to the long-term supervision order in these circumstances. Essentially, the long-term supervision is interrupted until the offender finishes serving all the sentences imposed for the new offences. This means that the offender will not be subject to supervision during their time in prison. However, the court does have the power to terminate the long-term supervision order even if the offender has not finished serving all their sentences. The purpose of this section is to give some flexibility to the court in dealing with offenders who have breached their long-term supervision orders. It recognizes that there may be situations where it is not appropriate for an offender to be under supervision, such as when they are serving a lengthy sentence. However, it also gives the court the power to continue the supervision order if it is deemed necessary for the protection of the public.
COMMENTARY
Section 753.4(1) of the Criminal Code of Canada outlines the consequences for an offender who is subject to long-term supervision if they commit an offence under any Act. The section states that if an offender who is subject to long-term supervision commits one or more offences and is sentenced to imprisonment for the crimes, their long-term supervision is interrupted until the offender has served all of their sentences, unless the court orders otherwise. This section of the Criminal Code of Canada is significant in that it serves as a mechanism for ensuring that offenders who have been deemed to require long-term supervision face consequences when they commit additional crimes. Long-term supervision is a form of sentencing that is typically used for offenders who are seen as high-risk, and who require ongoing supervision and support to ensure that they do not reoffend. This can include conditions such as mandatory curfews, requirements to report to a probation officer, and mandatory attendance at treatment programs. Given the risk factors associated with offenders who require long-term supervision, it is not uncommon for these individuals to commit additional crimes at some point during their supervision period. Section 753.4(1) of the Criminal Code of Canada serves as a way to ensure that these individuals are held accountable for their actions, and that they are not simply able to continue their criminal behavior with little consequence. However, it is worth noting that the interruption of long-term supervision may not always be the most effective or appropriate consequence for an offender who has committed additional crimes. There may be cases where the offender could benefit from continued support and supervision, even if they are serving time in prison for their crimes. In these cases, the court may choose to order a more nuanced or tailored approach to long-term supervision, rather than simply interrupting it altogether. It is also worth considering the potential challenges associated with implementing this section of the Criminal Code of Canada. Specifically, the interruption of long-term supervision may pose logistical challenges for probation officers and other professionals who are responsible for monitoring and supporting offenders. Without the ability to enforce conditions such as mandatory curfews or attendance at treatment programs, it may be difficult to ensure that offenders are receiving the support they need to avoid future criminal behavior. In conclusion, section 753.4(1) of the Criminal Code of Canada serves as an important mechanism for ensuring that offenders who are subject to long-term supervision face consequences when they commit additional crimes. However, it is important to recognize that interrupting long-term supervision may not always be the most effective or appropriate consequence, and that a more nuanced approach may be necessary in some cases. It is also important to consider the logistical challenges associated with interrupting long-term supervision, and to ensure that offenders continue to receive the support they need to avoid future criminal behavior.
STRATEGY
Section 753.4(1) of the Criminal Code of Canada deals with the long-term supervision of offenders who have been released from prison. It specifies that if such an offender commits one or more offences under this or any other Act, and a court imposes a sentence of imprisonment, the long-term supervision will be interrupted until the offender has completed their incarceration period, unless the court orders its termination. This section of the Criminal Code raises several strategic considerations for legal professionals and other stakeholders who are involved in the criminal justice system. Some of the key considerations are: 1. Prevention of recidivism: The primary goal of long-term supervision is to prevent recidivism and ensure that the offender does not commit further offences. Therefore, any strategy that is employed to deal with this section of the Criminal Code must focus on preventing the offender from reoffending. This could involve addressing the underlying issues that led to their criminal behavior, such as addiction or mental health issues. 2. Avoiding violation of rights: It is essential to ensure that the offender's rights are not violated when dealing with this section of the Criminal Code. It is crucial to ensure that the offender receives a fair trial and that their rights to due process are respected. 3. Managing public perception: The public's perception of the criminal justice system is critical. Therefore, any strategy that is employed to deal with this section of the Criminal Code must be mindful of how the public perceives the system. For instance, the public may be concerned about the potential danger posed by an offender who has been released from prison but subsequently commits another offence. 4. Coordination between stakeholders: Multiple stakeholders are involved in dealing with this section of the Criminal Code, including lawyers, judges, and parole officers. It is crucial to ensure that these stakeholders work together to employ effective strategies that achieve the desired outcomes. There are several strategies that could be employed to deal with this section of the Criminal Code of Canada. Some of the key strategies are: 1. Addressing underlying issues: As mentioned earlier, it is essential to address the underlying issues that led to the offender's criminal behavior. This could involve providing them with access to programs and services that address addiction or mental health issues. 2. Rehabilitation and reintegration: The goal of long-term supervision is to rehabilitate and reintegrate the offender into society. Therefore, any strategy that is employed to deal with this section of the Criminal Code must aim at achieving this goal. 3. Parole revocation hearings: In some cases, where the offender has violated their parole conditions, a revocation hearing may be held. This allows the court to revoke the offender's parole and re-incarcerate them. 4. Public education and awareness: It is essential to educate the public about the criminal justice system and the challenges of dealing with long-term supervision. This could involve developing public awareness campaigns that educate people about the importance of preventing recidivism and the challenges of rehabilitating offenders. In conclusion, Section 753.4(1) of the Criminal Code of Canada deals with the long-term supervision of offenders who have been released from prison. Dealing with this section of the Criminal Code requires several strategic considerations, including preventing recidivism, avoiding rights violations, managing public perception, and coordinating between stakeholders. Strategies that could be employed include addressing underlying issues, rehabilitation and reintegration, holding parole revocation hearings, and developing public education and awareness campaigns.