INTRODUCTION AND BRIEF DESCRIPTION
This section mandates that pre-sentencing reports must include information as directed by the court and allows for regulations to be made under subsection (2).
SECTION WORDING
721(4) The report must also contain information on any other matter required by the court, after hearing argument from the prosecutor and the offender, to be included in the report, subject to any contrary regulation made under subsection (2).
EXPLANATION
Section 721(4) of the Criminal Code of Canada pertains to pre-sentencing reports that are prepared for the court before a sentence is imposed on an offender. The section requires that the report must include information about the offender's personal circumstances, such as their background, family situation, employment history, and health. Additionally, the report must also contain information about the circumstances of the offense, including the offender's role in the crime and any aggravating or mitigating factors. However, the section also states that the report must include any other information that the court deems necessary after hearing arguments from both the prosecutor and the offender. This allows the court to request information on any other relevant matter that may influence the sentencing decision, such as the offender's willingness to make restitution or participate in rehabilitation programs. It is important to note that any information included in the report must be subject to any regulations made under subsection (2) of the section. This ensures that the information is obtained and presented in a manner that is fair and consistent with the principles of justice. Overall, section 721(4) is an important provision in the Criminal Code as it ensures that sentencing decisions are made with sufficient information about the offender and the circumstances of the offense, as well as any other relevant factors. This allows judges to determine a fair and appropriate sentence that takes into account the needs of the offender and the protection of the public.
COMMENTARY
Section 721(4) of the Criminal Code of Canada plays a significant role in the criminal justice system of Canada. This section is related to the information that must be included in a pre-sentence report. A pre-sentence report is a document prepared by a probation officer that contains relevant information about an offender, such as their criminal history, background, and personal circumstances. This information is useful to judges in determining an appropriate sentence for the offender. The importance of this section lies in the fact that it acknowledges the importance of hearing argument from both the prosecutor and the offender before including any other matter required by the court in the report. It provides a mechanism for ensuring that both parties have an opportunity to express their views on what information should be included in the report. The inclusion of this section in the Criminal Code of Canada helps to ensure that the sentencing process is fair and just. It recognizes that there may be additional information that is relevant to the sentencing decision that is not included in the initial report. By allowing the court to hear arguments from both the prosecutor and the offender, it ensures that all relevant information is considered before a sentence is imposed. Moreover, this section also acknowledges that the court has the authority to specify any other matter that should be included in the report. This ensures that the court has the flexibility to consider any issue that may be relevant to the sentencing decision. However, it is also important to note that this section is subject to any contrary regulation made under subsection (2). This means that any regulation that may be made under this section may override the requirements laid out in this section. While regulations are created with the intention of further improving the criminal justice system, they may have unintended consequences. Therefore, it is important to ensure that any regulations that may be introduced under this section are carefully crafted and thoroughly reviewed to avoid any potential negative impacts. In conclusion, Section 721(4) of the Criminal Code of Canada plays an important role in ensuring that the sentencing process is fair and just. It recognizes the importance of hearing from both the prosecutor and the offender before including any other matter required by the court in the report. It also gives the court the flexibility to consider any issue that may be relevant to the sentencing decision, subject to any regulation made under subsection (2). Overall, this section helps to ensure that the criminal justice system is functioning properly and that offenders are receiving appropriate sentences.
STRATEGY
Section 721(4) of the Criminal Code of Canada requires the preparation of a pre-sentence report, which contains information about the offender's background, criminal history, and any other factors relevant to sentencing. Dealing with this section requires strategic considerations, such as understanding the purpose and importance of the report, how to effectively present information, and how to respond to opposing arguments. One key strategy when dealing with section 721(4) is to prepare a comprehensive pre-sentence report that thoroughly assesses the offender's background, mental health, and substance abuse issues, if any. The report should also include information on the offender's education, employment, and family background, as well as any relevant medical or psychological assessments to help the court understand the underlying causes of the offender's behavior. A well-prepared report can help the court make an informed decision on the appropriate sentence and reduce the risk of recidivism. Another strategic consideration is to effectively present the information contained in the pre-sentence report to the court. This can be done by highlighting the most significant aspects of the report and presenting them in a clear and concise manner. A skilled lawyer can use this information to argue for a more lenient sentence, while a prosecutor can use it to argue for a harsher sentence. Either way, it is important to ensure that the court fully understands the implications of the report and how it relates to the offense in question. In addition, it is important to be familiar with any contrary regulation made under subsection (2). This can include any rules or guidelines that specify how the report should be prepared and what information it must contain. By understanding these regulations, lawyers can ensure that the report meets all the necessary requirements and is presented in a way that is acceptable to the court. A common strategy employed in dealing with section 721(4) is to challenge the report's recommendations or conclusions. This can be done by pointing out any errors or omissions in the report, or presenting evidence that contradicts the report's findings. A skilled lawyer may also argue that the report is biased or flawed due to factors such as the offender's race or religion, or the manner in which the report was conducted. This can be a particularly effective strategy when the report is unfavorable to the offender. Finally, it is important to remember that the pre-sentence report is only one factor that the court will consider when sentencing an offender. Other factors, such as the seriousness of the offense and the offender's level of remorse or cooperation, may also be weighed in determining the appropriate sentence. As such, it is important to take a comprehensive approach when preparing the defense or prosecution case, and to carefully consider all relevant factors when presenting arguments to the court. In conclusion, dealing with section 721(4) of the Criminal Code of Canada requires careful consideration and planning. By preparing a well-crafted pre-sentence report, effectively presenting the information contained in the report, understanding any relevant regulations, and challenging the report's recommendations when necessary, lawyers can help their clients achieve the best possible outcome in court.