INTRODUCTION AND BRIEF DESCRIPTION
The running of a conditional sentence order is suspended if the offender is imprisoned for another offence.
SECTION WORDING
742.7(1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.
EXPLANATION
Section 742.7(1) of the Criminal Code of Canada deals with the issue of conditional sentence orders and the effect of imprisonment for another offence on its execution. A conditional sentence order is a type of sentencing process where a convicted offender is allowed to serve their sentence in the community, with strict conditions placed upon them to ensure their compliance with the order. These conditions include a curfew, mandatory counselling, and restrictions on travel and substance use. However, if the offender is imprisoned as a result of sentencing for another offence during the period in which they are serving a conditional sentence order, then the running of the order is suspended until they are released from their imprisonment. This means that all the time spent in imprisonment is not counted towards the completion of the conditional sentence order. As a result, the period of the order is extended by the period of imprisonment. The reason behind this section is to ensure that offenders who receive conditional sentence orders understand the seriousness of their sentence and the need to comply with its conditions. It also ensures that the offender does not avoid the punishment imposed by the court for other offences committed while serving the original sentence. In conclusion, section 742.7(1) of the Criminal Code of Canada serves as a warning to convicted offenders that their conditional sentence order is subject to suspension if they commit further offences that result in imprisonment. It is a reminder for offenders to take their rehabilitation seriously, comply with their conditions, and avoid further criminal activity. Failure to do so will result in further punishment and delayed completion of their original sentence.
COMMENTARY
Section 742.7(1) of the Criminal Code of Canada lays down provisions to deal with the incarceration of an offender who is on a conditional sentence order (CSO) imposed on them. In such cases, if the offender is imprisoned for another offence unrelated to the CSO, the running of the CSO is suspended during the period of imprisonment. The key purpose of this section is to prevent interference, interruption, or overlapping of the sentences, ensuring that the offender serves one sentence at a time. The suspension of a conditional sentence order during a period of imprisonment for another crime makes sense on multiple levels. Firstly, it ensures that the offender does not benefit from the privilege of a lesser sentence while serving a more severe sentence for another crime. It also reflects the principle of proportionality, which is important in sentencing. If the offender has committed another offence necessitating imprisonment, it is reasonable to suspend the conditional sentence order as the offender's conduct has demonstrated that they cannot adhere to the conditions of the CSO. Another critical benefit of section 742.7(1) is that it facilitates the management of the offender's sentence by the courts and correctional services. When there are multiple concurrent sentences, it can be challenging to coordinate the terms and ensure that they are served correctly to prevent the offender's early release or excessive incarceration. Therefore, a clear delineation and suspension of the CSO during the incarceration period help make the process more straightforward and transparent. The offender's behaviour and compliance with the conditions of the CSO are appropriately monitored, and they are held accountable for their actions. However, some critics of section 742.7(1) argue that it can deprive some offenders of their liberty. This argument is especially so for those offenders who have not committed any crimes during their conditional release period or where the offence resulting in their imprisonment did not violate the terms of their CSO. Nevertheless, it is important to remember that the suspension of the CSO during imprisonment is not a revocation of the sentence. Once the offender finishes the imprisonment period, the CSO recommences and the remainder of the sentence is served. Section 742.7(1) of the Criminal Code of Canada provides a fair and practical way to deal with an offender's incarceration during a conditional sentence order. The provision ensures that the offender is held accountable for their actions, and their sentences are served efficiently in a coordinated manner. While there may be some drawbacks to the provisions, it is important to look at the totality of factors involved in criminal justice sentencing and balancing the need for punishment, rehabilitation, and public safety.
STRATEGY
Section 742.7(1) of the Criminal Code of Canada plays a crucial role in the management and administration of justice in Canada. It relates to the suspension of the running of a conditional sentence order for an offender who is imprisoned as a result of serving a sentence for another offence. As a prosecutor or defense counsel, it is important to take into consideration several strategic considerations when dealing with this section of the Criminal Code of Canada. One of the key strategic considerations when dealing with Section 742.7(1) of the Criminal Code of Canada is the potential impact on the sentencing of the offender. Defense counsel could use this section to their advantage by presenting a reduced sentence, whereby a conditional sentence may be imposed instead of a jail sentence. In such cases, the defense counsel could argue that the offender would serve their sentence as a conditional order, which would not affect the running of the offender's sentence, should they face another criminal charge in the future. In contrast, the prosecutor could also leverage this section to their advantage, arguing for a higher sentence as the offender would have ample time to serve their sentence outside of prison. Another strategic consideration is the potential impact on the convict's rehabilitation should they serve their sentence in prison. If the offender was on a conditional sentence order, the nature of their rehabilitation would have been community-focused. The sudden change from rehabilitation in the community to within the prison system could have a significant impact on the offender's psyche and could set them back in their rehabilitation. For defense counsel, this presents an opportunity to argue for a sentence which would minimize the possibility of suspension via Section 742.7(1) of the Criminal Code of Canada. In most cases, a prior criminal record will affect the offender's sentence. Prosecutors will often consider prior criminal records when determining appropriate sentencing for any given offense. According to Section 742.7(1) of the Criminal Code of Canada, offenders who have prior criminal convictions might be subjected to suspended sentences for their previous crimes if they serve their sentence in prison. Therefore, prosecutors, defense counsel, and judges must take this into account when making decisions. Finally, this section of the Criminal Code of Canada has a significant impact on the child-custody cases of offenders. If the offender is the sole custodian or primary caregiver of their child and is sentenced to serve time in prison, their child or children will be left without anyone to care for them. In these circumstances, a judge may suspend the conditional order, allowing the offender to serve their sentence at home with their children. Ultimately, whether to suspend this order or not, would depend on the impact of the offense on the child or children involved. In conclusion, handling Section 742.7(1) of the Criminal Code of Canada requires a thoughtful and strategic approach. Prosecutors, defense counsels, and judges must consider the potential impact on the sentence, rehabilitation, prior criminal records, and child-custody cases of a convict. Effective strategizing for the implementation of the section in any given case will help ensure that justice is served, and the offender is given a fair sentence without jeopardizing the running of their earlier sentence.