INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the conditions that must be prescribed for a conditional sentence order in Canada.
SECTION WORDING
742.3(1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following: (a) keep the peace and be of good behaviour; (b) appear before the court when required to do so by the court; (c) report to a supervisor (i) within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and (ii) thereafter, when required by the supervisor and in the manner directed by the supervisor; (d) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and (e) notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.
EXPLANATION
Section 742.3(1) of the Canadian Criminal Code outlines the requirements for a conditional sentence order, which is an alternative to traditional incarceration. This section ensures that offenders remain accountable for their actions and are subject to certain conditions during their sentence. Firstly, the offender is required to keep the peace and be of good behavior, meaning they must not violate any laws or engage in any behavior that could put others at risk. Secondly, they must appear before the court when required, ensuring that they remain engaged in the legal system and attend any necessary court hearings. Thirdly, the offender must report to a supervisor within two working days of the sentence order and thereafter as directed. This ensures that they have a support system in place and can receive guidance or counseling if needed. They must also remain within the jurisdiction of the court unless they obtain written permission, which helps prevent them from fleeing the area and potentially committing further crimes elsewhere. Finally, the offender must notify the court or supervisor in advance of any changes to their name or address and immediately report any changes to employment or occupation. This helps ensure that the offender can be located and held accountable for their actions. Overall, this section of the Criminal Code ensures that conditional sentence orders are carried out with strict requirements to keep both offenders and society safe. By imposing these various restrictions, the justice system aims to reduce the likelihood of reoffending and promote rehabilitation for those who have violated the law.
COMMENTARY
Section 742.3(1) of the Criminal Code of Canada outlines the conditions of a conditional sentence order that an offender must follow to remain free from incarceration. The purpose of a conditional sentence is to provide an alternative to imprisonment, allowing individuals to serve their sentence in the community while still being under supervision and following certain restrictions to ensure public safety. At the heart of the conditions set out in the section is the need for the offender to behave and act in a way that avoids any further criminal activity. The first condition - "keep the peace and be of good behaviour" - requires that the offender refrains from participating in any violent, harmful, or disruptive behaviour. It is important to note that this condition not only applies to criminal behaviour but extends to any behaviour that could represent a threat to public safety or unacceptable social conduct. This condition requires offenders to gain insight into their actions and engage in attitudes and behaviours that promote responsible citizenship. The second condition requires the offender to appear before the court as and when required. This provision ensures that the offender attends all court hearings and is available should the court require them. This condition emphasizes the need for the offender to remain engaged with the criminal justice system. The third condition - "report to a supervisor" - is one of the most important elements of a conditional sentence. This condition creates a direct relationship between the offender and their supervisor, providing the offender with guidance and support from the community. It also ensures that an offender stays on track and adheres to the conditions of their sentence. The fourth condition of remaining within the jurisdiction of the court is meant to ensure offenders remain accessible inside a specified area. It restricts the offender from traveling without permission from the supervisor or court, ensuring compliance with the conditions of their sentence. By fixing the offender's location, this condition establishes a community of support around the offender to help them fulfill their obligations while reducing the likelihood of re-offending. The last condition requires offenders to inform the court or their supervisor of any changes in their personal circumstances, such as a change of name, address, or employment. This provision enables the supervisor to keep track of the offender's whereabouts and ensures that any changes made by the offender do not conflict with the conditions of their conditional sentence. In conclusion, Section 742.3(1) of the Criminal Code of Canada emphasizes the importance of community involvement, responsible citizenship, and compliance with the conditions set out for an offender serving a conditional sentence. The aim of the conditions is to ensure that the offender remains law-abiding, responsible, and gains a sense of ownership and appreciation of their community. These conditions can reduce recidivism rates, provide justice to victims, promote responsible citizenship, and contribute towards the rehabilitation and reintegration of offenders into society.
STRATEGY
When dealing with Section 742.3(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These include: 1. Understanding the requirements and conditions of the conditional sentence order: It is important to thoroughly understand the conditions that have been prescribed by the court as part of the conditional sentence order. This includes ensuring that the offender understands their obligations and responsibilities under the order. 2. Maintaining open communication with the supervisor: The offender should maintain open lines of communication with their supervisor and report to them as required. This can help to ensure that the offender remains in compliance with the conditions of the order. 3. Adhering to the conditions of the order: It is essential that the offender strictly adhere to the conditions of the order. Any breaches of the conditions can result in the conditional sentence order being revoked, which could lead to the offender being incarcerated. 4. Seeking legal advice when necessary: If the offender is unsure about their obligations under the conditional sentence order, they should seek legal advice. This can help to ensure that they do not inadvertently breach the order and face serious consequences as a result. 5. Demonstrating good behaviour: The offender should make every effort to demonstrate good behaviour and keep the peace in order to show the court that they are taking the conditional sentence order seriously. This can help to build trust and credibility with the court. There are several strategies that could be employed to ensure that the offender remains in compliance with the conditions of the conditional sentence order. These include: 1. Providing regular updates and progress reports: The offender can provide regular updates and progress reports to their supervisor to demonstrate that they are complying with the conditions of the order and making positive changes in their life. 2. Participating in rehabilitation programs: The offender can participate in rehabilitation programs that address the underlying issues that led to their criminal behaviour. This can help to demonstrate to the court that they are committed to changing their behaviour and reducing the risk of reoffending. 3. Maintaining a stable job and living situation: The offender can maintain a stable job and living situation, which can help to demonstrate that they are responsible and capable of living a law-abiding life. 4. Avoiding negative influences and situations: The offender can avoid negative influences and situations that may tempt them to violate the conditions of the order. For example, they can avoid associating with people who have a criminal history or avoiding situations that could lead to substance abuse. 5. Seeking support from family and friends: The offender can seek support from their family and friends, who can help to provide encouragement and accountability throughout the duration of the conditional sentence order. In conclusion, dealing with Section 742.3(1) of the Criminal Code of Canada requires a strategic approach that prioritizes compliance with the conditions of the conditional sentence order. By maintaining open communication with the supervisor, adhering to the conditions of the order, seeking legal advice when necessary, demonstrating good behaviour, and employing effective strategies, the offender can successfully complete the conditional sentence order and avoid the serious consequences of non-compliance.