section 161(2)

INTRODUCTION AND BRIEF DESCRIPTION

The court can prohibit an offender from certain activities for life or a shorter duration, which starts either on the date of the order or after their release from imprisonment.

SECTION WORDING

161(2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of (a) the date on which the order is made; and (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.

EXPLANATION

Section 161(2) of the Criminal Code of Canada pertains to the issue of prohibiting offenders from certain activities or contact with certain individuals, as ordered by the court. The section outlines that the prohibition can be for an indefinite period, which essentially translates to a lifetime ban, or it can be for a shorter period of time, as decided by the court. Additionally, the section sets out that when the prohibition is not for life, it will commence on the later of two dates. These dates are: the date when the court order is made, and the date when the offender is released from imprisonment, whether on parole, mandatory supervision, or statutory release. Essentially, this section is meant to provide a legal framework for prohibiting offenders from specific activities or contact with certain individuals. This may include restraining orders or limitations on access to certain people or areas. The duration of the prohibition is typically determined by the court, based on the specific circumstances of the case. In cases where an offender is sentenced to imprisonment, the commencement of the prohibition may be postponed until after the offender is released. Overall, Section 161(2) is an important tool for ensuring public safety and the protection of victims, by providing legal mechanisms to restrict the actions of offenders.

COMMENTARY

Section 161(2) of the Criminal Code of Canada is a provision that sets out the extent and duration of a prohibition order that may be imposed on an individual who has been convicted of a sexual offence. This provision allows the court to impose a prohibition order for life or for a shorter duration, depending on the circumstances of the case. The primary purpose of a prohibition order is to protect the public from the risk of further harm from a convicted offender. By prohibiting certain activities or contact with certain individuals, the order is intended to prevent the offender from engaging in conduct that could potentially lead to further sexual offences. Under this provision, the court has discretion to determine the appropriate duration of the prohibition order. This means that the court must assess the circumstances of the case, including the offender's criminal history, the severity of the offence, and the potential risk of harm to the public, before deciding on the duration of the order. In cases where the prohibition order is not for life, the provision sets out the time when the prohibition begins. If the offender is sentenced to a term of imprisonment, the prohibition begins on the later of the date on which the order is made and the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision, or statutory release. The provision is important in ensuring that the prohibition order is enforced effectively and that the offender is prevented from engaging in prohibited activities from the outset. This helps to reduce the risk of harm to the public and allows for timely intervention in the event of any breaches of the order. While the provision is a crucial tool in protecting the public from sexual offenders, it is important that the court exercises its discretion carefully and only imposes prohibition orders where they are necessary and proportionate to the crime committed. The duration of the prohibition order should be based on a thorough assessment of the offender's risk to the public, and the order should be reviewed and updated accordingly as circumstances change. In summary, section 161(2) of the Criminal Code of Canada is an important provision that allows the court to impose appropriate and effective prohibition orders on sexual offenders. The provision recognizes the need to protect the public from harm and ensures that the prohibition order is enforced effectively. However, it is important that the court exercises its discretion carefully to ensure that the duration of the prohibition order is proportionate to the crime committed and that it is regularly reviewed and updated as circumstances change.

STRATEGY

Section 161(2) of the Criminal Code of Canada is a provision that allows the court to prohibit an offender from engaging in certain activities that may pose a risk to society. The prohibition may be for life or for a shorter period, and it can include a range of activities, such as using the internet, going to certain places, or engaging with certain people. When dealing with this section of the Criminal Code, there are several strategic considerations that should be taken into account. Firstly, it is important to understand the specific circumstances of the case and the offender's history. The court will take into account factors such as the offender's criminal record, the nature and severity of the offence, and the risk that the offender poses to the community. This information will help to inform the length and scope of the prohibition order and any other conditions that may be imposed. Secondly, it is important to consider the practical implications of the prohibition order. For example, if an offender is prohibited from using the internet, this may have significant implications for their ability to work or engage in social activities. Careful consideration should be given to how the order will impact the offender's daily life and whether any exceptions or accommodations may be necessary. Thirdly, it is important to consider the potential effectiveness of the prohibition order. It is not enough to simply prohibit an offender from engaging in certain activities; there must be measures in place to enforce the order and monitor the offender's compliance. This may involve electronic monitoring, regular check-ins with a probation officer, or other measures. In terms of strategies that could be employed, there are several options. One approach is to negotiate a plea agreement that includes a prohibition order. This can help to ensure that the order is tailored to the specific circumstances of the case and that the offender understands the consequences of violating the order. Another strategy is to work with the probation officer and other professionals to develop a plan for ensuring the offender's compliance with the order. This may involve providing support services, such as counselling or treatment, to help the offender stay on track. In some cases, it may be appropriate to seek a variation or modification of the prohibition order. This may be necessary if the offender's circumstances change, or if it becomes apparent that the order is not working as intended. Ultimately, the goal of a prohibition order is to protect the community and prevent further harm. By taking a strategic approach and carefully considering the specific circumstances of the case, it is possible to develop effective and enforceable orders that achieve this goal.