INTRODUCTION AND BRIEF DESCRIPTION
The court clerk must give a copy of the statement to the offender, their counsel, and the prosecutor after a guilty finding.
SECTION WORDING
380.4(3) The clerk of the court shall provide a copy of the statement, as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.
EXPLANATION
Section 380.4(3) of the Criminal Code of Canada mandates that the clerk of the court provides copies of the statement to the offender or the offender's counsel and prosecutor promptly after a finding of guilt. This statement refers to a victim impact statement, which is a written or oral statement made by a victim (or their representative) that describes the harm caused by the offender's actions. The victim impact statement is an essential part of the sentencing process, as it allows the court to hear firsthand how the crime has impacted the victim and their community. This provision aims to ensure that both the offender and their counsel, as well as the prosecutor, have access to the impact statement. The offender and their counsel must be aware of the consequences of their actions and understand the harm they have caused to the victim and society. The prosecutor must also have access to the statement to effectively argue for an appropriate sentence. By providing copies of the statement as soon as practicable, this provision ensures that the sentencing process is fair and that all parties have access to the relevant information necessary to make informed decisions. It also serves as a reminder that a criminal act has consequences not only for the offender but also for the victim and society as a whole. Ultimately, this provision helps to ensure that the voices of victims are heard and that they have a say in the sentencing process.
COMMENTARY
Section 380.4(3) of the Criminal Code of Canada is an important provision that ensures transparency and fairness in the criminal justice system. This section requires the clerk of the court to provide a copy of the victim impact statement to the offender or their counsel and to the prosecutor, as soon as practicable after a finding of guilt. A victim impact statement is a written or oral statement prepared by the victim or the victim's family, detailing the harm suffered as a result of the crime. This statement is submitted to the court during the sentencing hearing, and it provides the victim with an opportunity to participate in the criminal justice process and to have their voice heard. The purpose of providing a copy of the victim impact statement to the offender or their counsel and to the prosecutor is to ensure that all parties involved in the case have access to the same information. This allows the offender or their counsel to better understand the impact of their actions on the victim and to take responsibility for their actions. It also allows the prosecutor to consider the victim's statement when making their sentencing recommendations. Furthermore, providing a copy of the victim impact statement to the offender or their counsel and to the prosecutor helps to promote transparency in the criminal justice system. By providing all parties with access to the same information, it ensures that the sentencing process is fair and consistent. It also helps to prevent misunderstandings or disputes about the contents of the statement. However, it is important to note that the victim impact statement is not intended to influence the sentence that is imposed on the offender. The sentencing judge must consider a range of factors when determining the appropriate sentence, including the nature of the offense, the offender's criminal history, and any aggravating or mitigating factors. The victim impact statement is one of many factors that the judge must consider, and the sentence cannot be based solely on the contents of the statement. In conclusion, section 380.4(3) of the Criminal Code of Canada is a necessary provision that ensures transparency, fairness, and accuracy in the criminal justice system. Providing a copy of the victim impact statement to the offender or their counsel and to the prosecutor helps to promote transparency, prevent misunderstandings, and ensure that all parties have access to the same information. This provision helps to ensure that the sentencing process is fair and consistent, and it provides victims with an important opportunity to participate in the criminal justice process.
STRATEGY
Section 380.4(3) of the Criminal Code of Canada outlines the requirement for the clerk of the court to provide a copy of the statement to the offender or their counsel, as well as the prosecutor after a finding of guilt. This section of the Code is significant for both the accused and the prosecution, as it sets out the procedures for disclosure of evidence and information related to the sentencing process. For the accused, receiving a copy of the statement can be beneficial in several ways. Firstly, it enables the offender and their counsel to review the evidence against them and prepare for the sentencing hearing. Secondly, it allows the defendant to identify any discrepancies or errors in the information provided by the Crown, which can be used to argue for a reduced sentence. Additionally, it may serve as a factor in determining the appropriateness of a guilty plea. Given the importance of this provision, the prosecution must consider certain strategies to ensure that it fulfills its disclosure obligations. One of the key considerations for the Crown is the timing of the disclosure. While the Code mandates that the clerk provides a copy of the statement as soon as practicable following a finding of guilt, the Crown can choose to provide this information earlier in the process. By disclosing the statement early, the prosecution can build trust with the defense and potentially negotiate a plea deal that is favorable for both parties. Providing early disclosure also enables the defense to prepare more effectively and may lead to a more efficient sentencing hearing process. However, if the Crown delays the disclosure of the statement, it risks frustrating the defense and leading to delays in the court proceedings. Another strategic consideration for the prosecution is in regards to the content of the statement. While the Code refers to "a copy of the statement," it is often unclear what information constitutes the statement. The prosecutor must ensure that they provide all relevant information related to the offense, including background information, prior convictions, and any details that may aggravate or mitigate the offense. The Crown may also consider providing a summary of the statement to make it more accessible to the defense and ensure that the pertinent information is highlighted. Finally, the Crown must remain cognizant of their ethical duty to ensure that the disclosure is complete, accurate, and timely. Failing to disclose information or providing incomplete disclosure goes against the objectives of the Code and could lead to a mistrial or other legal consequences. Strategies such as creating a system for keeping track of disclosure and conducting regular reviews of criminal cases can help ensure that the prosecution fulfills its ethical obligations. In conclusion, Section 380.4(3) of the Criminal Code of Canada is a crucial element of the sentencing process. Strategic considerations for both the defense and the Crown must be taken in order to ensure that disclosure is provided in a timely, complete, and accurate manner. Employing strategies such as early disclosure, providing a summary of the statement, and maintaining ethical obligations can help facilitate the court proceedings and lead to more effective sentencing outcomes.