section 742.6(10)

INTRODUCTION AND BRIEF DESCRIPTION

The running of a conditional sentence order is suspended during the period of determining a breach of condition.

SECTION WORDING

742.6(10) The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of (a) the issuance of a warrant for the arrest of the offender for the alleged breach, (b) the arrest without warrant of the offender for the alleged breach, and (c) the compelling of the offenders appearance in accordance with paragraph (1)(d).

EXPLANATION

Section 742.6(10) of the Criminal Code of Canada deals with the suspension of a conditional sentence order in the event of a breach of condition. A conditional sentence order is a type of sentence that allows offenders to serve their sentence in the community, subject to certain conditions, instead of being incarcerated in jail. Under this section, the running of a conditional sentence order is suspended if there is a breach of condition. This means that the offender is not required to continue serving their sentence in the community until it is determined whether or not they have breached a condition of their sentence. This determination is made by the court, and could result in the offender being required to serve the remainder of their sentence in jail. The period of suspension begins when one of three events occurs. Firstly, if a warrant is issued for the arrest of the offender for the alleged breach, the suspension period begins. Secondly, if the offender is arrested without warrant for the alleged breach, the suspension period begins. Finally, if the offender's appearance is compelled in accordance with paragraph (1)(d), the suspension period begins. The purpose of this section is to ensure that offenders are not unfairly subjected to extra punishment for a breach of condition that has not yet been proven. By suspending the running of the sentence order, the offender is given a chance to defend themselves in court and present evidence to show that they did not breach a condition. Only once the court has made its determination will the sentence order continue.

COMMENTARY

Section 742.6(10) of the Criminal Code of Canada provides information on the running of a conditional sentence order imposed on an offender. A conditional sentence is a sentence of imprisonment that can be served in the community under certain conditions. It is an alternative to incarceration and is often used for non-violent offenses or offenses that do not involve harm to others. According to this section, the running of a conditional sentence order is suspended during the period that ends with the determination of whether a breach of condition has occurred. The purpose of this is to ensure that the offender is not penalized for a breach that is not yet proven. This is a fair and just provision as it protects the rights of the offender and ensures the justice system operates in a just and unbiased way. The section also outlines the three ways that the suspension of the conditional sentence order may begin. The first is the issuance of a warrant for the arrest of the offender for the alleged breach. This means that a warrant has been issued for the offender's arrest based on a breach of condition that has been alleged. The second is the arrest without warrant of the offender for the alleged breach. This means that the offender has been arrested without a warrant based on an alleged breach of condition. The third is the compelling of the offender's appearance in accordance with paragraph (1)(d). This means that the offender has been ordered to appear in court to answer the allegation of breach of condition. It is important to note that the suspension of the conditional sentence order only applies during the period between the three ways in which it may begin and the determination of whether a breach of condition has occurred. Once a breach of condition has been proven, the conditional sentence order will continue to run. Overall, Section 742.6(10) of the Criminal Code of Canada provides clarity and fairness in the administration of conditional sentence orders. It ensures that the rights of offenders are protected and that the justice system operates in a just and unbiased way. By providing clear guidelines for the suspension and continuation of the conditional sentence order, this section helps to ensure that justice is served in a fair and transparent manner.

STRATEGY

Section 742.6(10) of the Criminal Code of Canada presents a unique challenge for lawyers and defendants who are facing conditional sentences. Namely, the provision states that the running of a conditional sentence order is suspended during the period that ends with the determination of whether a breach of condition has occurred. This means that if an offender is alleged to have breached the conditions of their sentence, they can be brought back before the court, and the sentence can be extended or revoked entirely. As such, it is important for lawyers and defendants to be strategic in their approach to this section of the Criminal Code. One strategy that lawyers can employ is to document the conditions of the sentence and ensure that the defendant understands all of their obligations. This can include keeping written records of meetings between the lawyer and the defendant where the conditions were discussed, as well as having the defendant sign documents indicating that they understand their responsibilities. By doing so, the lawyer can argue that any alleged breaches were unintentional or due to a misunderstanding of the conditions. Another strategy is to proactively address potential breaches before they occur. For example, if a defendant is required to regularly attend counseling, the lawyer can work with the defendant to ensure that they have the necessary transportation and remind them of upcoming sessions. By doing so, the likelihood of a breach occurring is minimized, and the defendant's compliance with their sentence is maximized. In cases where a breach is alleged, lawyers can employ various strategies to defend their client. For example, they can argue that the breach was due to circumstances beyond the defendant's control, such as an illness or emergency situation. Alternatively, they can argue that the conditions imposed by the court were too restrictive or burdensome, making it difficult for the defendant to comply. In some cases where a breach has occurred, strategies may involve negotiating with the prosecution for a modified sentence rather than revocation or extension. This can involve presenting evidence of the defendant's efforts to comply with the conditions of their sentence and proposing alternative conditions that would be more feasible for the defendant to fulfill. Overall, dealing with Section 742.6(10) of the Criminal Code of Canada requires a strategic approach that involves proactive measures to prevent breaches, thorough documentation of the conditions of the sentence, and creative defense strategies when a breach is alleged. By doing so, lawyers and defendants can work towards ensuring that the sentence is served successfully and that the defendant can move on from the criminal justice system.