INTRODUCTION AND BRIEF DESCRIPTION
734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section.
Section 734.3 of the Criminal Code of Canada allows a court or a designated person to change any term of an order made under section 734.1 upon application of the offender, subject to any rules made by the court under section 482 or 482.1. This provision is important because it provides offenders with an avenue for seeking changes to their sentencing orders, which can help facilitate their rehabilitation and reintegration into society. For example, an offender who has been ordered to pay restitution as part of their sentence but who is struggling financially may seek a change to the payment schedule in order to better comply with the order. Alternatively, an offender who has been ordered to complete community service may encounter unforeseen circumstances that make it difficult or impossible to do so, in which case they may seek a change to the type of service or the timeline for completion. Importantly, section 734.3 does not permit changes to the amount of a fine, which means that offenders are still required to pay the full amount ordered by the court. Additionally, any changes to an order made under this section must be made in accordance with any rules set by the court under section 482 or 482.1, which govern the application and operation of criminal sentencing in Canada. Overall, section 734.3 plays an important role in ensuring that criminal sentencing orders are flexible enough to adapt to the needs and circumstances of individual offenders, while still upholding the principles of justice and accountability.
Section 734.3 of the Criminal Code of Canada is an important provision that grants courts and designated persons the authority to change any term of an order made under section 734.1. This ability to modify orders allows for flexibility in sentencing, which is essential to ensure that justice is served and that the punishment fits the crime. This provision allows offenders to apply to the court or a designated person to have some aspect of their order changed, other than the amount of the fine. This can be particularly important in cases where circumstances change, such as when an offender finds employment and needs to adjust their payment plan or when a health issue arises that makes fulfilling the terms of an order difficult or impossible. Additionally, this provision allows the court to consider alternative methods of rehabilitation or punishment. For example, if a term of the order originally required the offender to attend counseling sessions, but the offender is unable to attend due to a mental or physical health condition, the court may modify the order to require a different form of treatment, such as medication or therapy. It is important to note that any changes to the order must follow any rules set out by the court under sections 482 or 482.1 of the Criminal Code. These rules may vary by jurisdiction, and it is essential that any changes to an order be made in accordance with these rules to ensure that the process is fair and transparent. Overall, section 734.3 is an important provision that serves to ensure that orders made under section 734.1 are flexible and adaptable to changing circumstances. This allows for a more just and appropriate sentencing process that can better serve the needs of both victims and offenders.
Section 734.3 of the Criminal Code of Canada provides an important mechanism for individuals who have been convicted of an offence to apply for a change to their sentence. This section enables a court or a designated person to change any term of an order, except for the amount of the fine, if an application is made by or on behalf of the offender, subject to any rules made by the court. Strategic Considerations When considering a change to a sentence under section 734.3, there are several strategic considerations to be made. First, it is important to assess the reasons for the change and to determine whether there is a valid legal basis for making the application. For example, a change may be sought if there has been a change in the offender's circumstances that was not anticipated at the time the sentence was imposed, or if there has been a change in the law that affects the sentence. Second, it is important to assess the likelihood of success in making the application. This requires a careful analysis of the legal and factual issues that are relevant to the proposed change. In order to increase the likelihood of success, it may be necessary to gather additional evidence or to obtain expert opinions. Third, it is essential to identify the potential risks and benefits of making the application. For example, a change to a sentence may result in a more favourable outcome for the offender, but it may also lead to a more severe sentence if the application is unsuccessful. Strategies When making an application under section 734.3, there are several strategies that can be employed. First, it is important to ensure that the application is supported by convincing evidence, such as medical reports or expert opinions. Such evidence can strengthen the argument for a change in the sentence. Second, it may be helpful to engage the services of a skilled criminal defence lawyer who has experience in making applications under section 734.3. A competent lawyer can provide valuable guidance and advice on the legal issues involved and can present a persuasive argument in favour of the change. Third, it may be useful to seek the support of relevant stakeholders, such as community groups or professional associations. Such support can help to demonstrate the positive contributions that the offender has made to society since the imposition of the original sentence. Conclusion Section 734.3 of the Criminal Code of Canada provides a valuable mechanism for individuals who have been convicted of offences to seek a change in their sentence. When considering an application under this section, it is important to carefully assess the legal and factual issues involved, and to adopt a strategic approach that maximizes the chances of success. By employing effective strategies, individuals can obtain a more favourable outcome and move towards rehabilitation and reintegration into society.