section 720(2)

INTRODUCTION AND BRIEF DESCRIPTION

Courts may delay sentencing to allow offenders to attend an approved treatment program with the consent of the Attorney General and the offender, taking into account the interests of justice and the victim.

SECTION WORDING

720(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program.

EXPLANATION

Section 720(2) of the Criminal Code of Canada empowers the court to delay the sentencing of an offender on certain conditions if all the parties involved that is the Attorney General, the offender, and the victim consent to it. This provision exists to ensure that offenders have the opportunity to receive rehabilitation and treatment, especially for issues such as addiction or domestic violence. In some cases, incarcerating an offender may not be the most effective way of dealing with the crime committed. Instead, getting the offender the necessary treatment can help address the root cause of the crime, thereby preventing them from committing it again in the future. Delaying the sentencing is an opportunity for the offender to attend an approved treatment program under the supervision of the court. The court will consider the interests of justice and take into account the rights and well-being of the victim when making its decision. In this way, it provides a balance between the offender's rights and the victim's rights. The offender would typically be required to attend a program such as an addiction treatment program or a domestic violence counselling program. Overall, Section 720(2) of the Criminal Code of Canada emphasizes the importance of rehabilitating offenders and ensuring that they receive treatment to address the root cause of their criminal behavior. This provision enables the courts to deal with offenders more effectively and ultimately contributes to reducing crime rates and making our communities safer.

COMMENTARY

Section 720(2) of the Criminal Code of Canada provides an important opportunity for offenders to receive treatment before sentencing, with the goal of reducing the likelihood of reoffending in the future. This section allows for the court to delay sentencing in order for the offender to attend an approved treatment program, such as an addiction treatment program or a domestic violence counseling program. This can help to address some of the underlying factors that may have contributed to the commission of the offense, such as substance abuse or a history of domestic violence. The ability to delay sentencing in order to attend a treatment program is particularly important in cases where the offender may be struggling with addiction or mental health issues. In these instances, a punitive approach to sentencing may not be effective in addressing their underlying issues, and may even exacerbate them. Delaying sentencing to attend a treatment program can allow offenders to address these issues in a supportive and non-punitive environment, which may be more effective in reducing their risk of reoffending. However, the decision to delay sentencing and attend a treatment program is not one that is made lightly. The court must consider the interests of justice and the victim of the offense, as well as obtain the consent of both the Attorney General and the offender. In cases where the offense has caused significant harm to the victim, the decision to delay sentencing may be challenging. However, it is important to recognize that addressing the underlying issues that led to the offense can help to prevent future harm to both the victim and the community. Additionally, it is worth noting that not all offenders may be eligible for a delayed sentencing and treatment program approach. The offender must be willing to participate in the program and agree to the delay in sentencing. The program itself must also be approved by the province and supervised by the court. It is therefore important to ensure that there are sufficient resources and capacity within the justice system to support this approach. In conclusion, Section 720(2) of the Criminal Code of Canada provides an important opportunity for offenders to address underlying issues that may contribute to reoffending. Delaying sentencing to attend a treatment program can be particularly effective in cases where the offender is struggling with addiction or mental health issues. However, it is important to carefully consider the interests of justice and the victim of the offense before making the decision to delay sentencing. Overall, this section of the Criminal Code recognizes the importance of treating offenders holistically, rather than solely relying on punitive measures.

STRATEGY

Section 720(2) of the Criminal Code of Canada provides a valuable opportunity for offenders charged with certain offenses to receive necessary treatment and support before facing sentencing. However, strategic considerations need to be taken into account when dealing with this section to ensure that the offender is genuinely interested in participating in a treatment program, that the program is appropriate for their specific needs, and that the interests of justice and victims are taken into consideration. One of the main strategic considerations when dealing with this section is determining whether the offender is genuinely interested in participating in a treatment program. It is not uncommon for offenders to claim they are interested in attending a treatment program simply because it will work in their favor during the sentencing phase. Therefore, before considering delay sentencing for treatment purposes, the court should try to ascertain the offender's motivation for attending the program and whether they have realistic expectations of the results of such treatment. Another strategic consideration is ensuring that the treatment program selected is appropriate for the offender's specific needs. For example, an offender suffering from addiction may benefit from attending an addiction treatment program, while an offender with anger management issues could be better served by attending domestic violence counseling. It is crucial to have a thorough assessment of the offender's needs, so that the program selected is effective and will address the underlying issues of the offender's behavior, leading to a more constructive outcome. Moreover, strategic considerations concerning the interests of justice and any victims of the associated offense also need to be considered. The court needs to determine whether the delay in sentencing is suitable and justifiable in light of the overall circumstances of the associated offense and the offender's history. A delay in sentencing may result in a longer period of time before the victim experiences closure, and in some cases served justice. Thus, the court should ensure that any delay is proportionate to the benefit received through the offender's participation in the treatment program. Some strategies that could be employed to ensure that the appropriate treatment is selected and that the offender remains committed to the program include periodic evaluations to track progress, mandatory attendance verification from relevant treatment organizations, and regular notice to the offender of the penalties if they do not comply with program conditions. By ensuring that the offender remains committed to the treatment program, there is a greater likelihood of them benefiting from it, resulting in reduced risk of reoffending and positive personal growth. The offender's plan needs to be created with the intent of comprehending positive results from program participation as well as offering the offender the ability to know that rehabilitation is always an alternative. In order to be sure of a positive outcome, the offender needs to be guided as to the type of program that will allow for personal growth and enable them to acquire the skills and knowledge needed to avoid recidivism. In conclusion, Section 720(2) of the Criminal Code of Canada provides a valuable opportunity for offenders charged with certain offenses, to receive necessary treatment and support before facing sentencing. However, strategic considerations need to be taken into account to ensure that the offender is interested in participating in the program, that the program is appropriate for their specific needs, and that the interests of justice and victims of the offense are taken into consideration. Ultimately, the goal of treatment programs is to produce positive outcomes resulting in reduced risks of reoffending and increased personal growth.