section 734.2(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the obligations of a court when making an order under section 734.1 of the Criminal Code of Canada.

SECTION WORDING

Obligations of court 734.2(1) A court that makes an order under section 734.1 shall (a) cause a copy of the order to be given to the offender; (b) explain the substance of sections 734 to 734.8 and 736 to the offender; (c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and (d) take reasonable measures to ensure that the offender understands the order and the explanations.

EXPLANATION

Section 734.2(1) of the Criminal Code of Canada lays out the obligations of a court when it makes an order under section 734.1. This section is related to sentencing and deals with the responsibility of the court once a decision has been made to impose a fine or a period of probation for an offender. The purpose of this section is to ensure that the offender understands the consequences of their sentence and the process for seeking changes to the terms of their order, as well as any available fine option programs. The court is required to take reasonable measures to ensure that the offender understands the order and the explanations given by the court. Part (a) of this section requires the court to provide the offender with a copy of the order that has been made. This is important because it allows the offender to know what exactly is expected of them and what is required to comply with the order. Part (b) of this section requires the court to explain to the offender the substance of sections 734 to 734.8 and 736. This is important because these sections deal with the various options available to the offender, including the fine option program and probation conditions. By fully explaining these sections, the offender can make informed decisions about their options and be in a better position to comply with the order. Part (c) of this section requires the court to explain the process for applying for a change to the optional conditions and the fine option programs that are available under section 736. This is important because it allows the offender to seek changes to the order if needed or to participate in alternative programs that may be more suitable for their situation. Finally, part (d) of this section requires the court to take reasonable measures to ensure that the offender understands the order and the explanations provided by the court. This may involve providing an interpreter or taking other steps to ensure that the offender can fully understand the order and comply with its conditions. Overall, section 734.2(1) of the Criminal Code of Canada plays an important role in ensuring that offenders are fully informed about their sentencing options, understand the terms of their order, and are in a better position to comply with the court's expectations.

COMMENTARY

Section 734.2(1) of the Criminal Code of Canada outlines the obligations of the court when making an order under section 734.1. These obligations include providing a copy of the order to the offender, explaining the substance of sections 734 to 734.8 and 736, informing the offender of the procedure for applying for a change to the optional conditions, and taking measures to ensure that the offender understands the order and the explanations. The purpose of these obligations is to ensure that offenders are informed of the consequences of their actions and the requirements of their sentence. By providing a copy of the order and explaining the substance of the relevant sections of the Criminal Code, the court ensures that offenders have a clear understanding of what is expected of them. This promotes compliance with the terms of their sentence and reduces the likelihood of reoffending. In addition to providing information about the requirements of their sentence, the court must also inform offenders of any available fine option programs and the procedure for applying to them. Fine option programs allow offenders to pay their fines through community service or other forms of alternative sentencing, which can be more manageable for those who cannot afford to pay their fines outright. Providing information about these programs helps to ensure that offenders have access to all available options to meet their obligations. Finally, the court must take reasonable measures to ensure that the offender understands the order and the explanations. This can include using interpreters or other accommodations to ensure that the offender is able to fully comprehend the requirements of their sentence. By ensuring that the offender understands their sentence and the consequences of non-compliance, the court promotes accountability and encourages offenders to take responsibility for their actions. Overall, section 734.2(1) of the Criminal Code of Canada outlines important obligations of the court in the sentencing process. By ensuring that offenders are informed of the requirements of their sentence and provided with access to all available options for meeting their obligations, the court can promote compliance with the terms of their sentence and reduce the likelihood of reoffending.

STRATEGY

When dealing with Section 734.2(1) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These strategic considerations must be evaluated accordingly to ensure that the offender understands the order, the procedures for applying under section 734.3 for modification of the optional conditions, and any available fine option programs. One of the strategies that can be employed is to ensure that the court explains the substance of Sections 734 to 734.8 and 736 of the Criminal Code of Canada clearly and concisely. This will aid in the comprehension of the order and the application procedure, ensuring that the offender follows the required steps for full compliance. Another strategy that can be employed is the facilitation of clear communication between the court and the offender. This could be done by using interpreters where necessary or ensuring that the terms and language of the order are made available in the offender's first language. Another critical strategic consideration is the maintenance of accurate records of all orders made under section 734.1 of the Criminal Code of Canada. The records should include a copy of the order, any translations where applicable, and a detailed explanation of the procedures for applying under section 734.3, as well as any available fine option programs. Additionally, the court must take reasonable measures to ensure that the offender comprehends the order made under section 734.1, its associated procedures, and any available fine option programs. To achieve this, the court may consider conducting an assessment of the offender's comprehension level. Lastly, the court could consider implementing training programs for its staff and judges. This would ensure that they possess the necessary knowledge and skills to provide adequate explanations of the order, associated procedures and fine options, and accurately document each case. In conclusion, Section 734.2(1) of the Criminal Code of Canada lays out several obligations of the court aimed at ensuring that the offender understands the order made under section 734.1. To achieve this, courts must employ practical strategies such as clear communication, accurate record keeping, assessments of comprehension level, and staff training to maximize compliance with the provisions of the criminal code.