Criminal Code of Canada - section 753.01(1) - Application for remand for assessment later conviction

section 753.01(1)

INTRODUCTION AND BRIEF DESCRIPTION

If a dangerous offender is convicted of a serious personal injury or subsection 753.3(1) offence, they may be remanded for up to 60 days for assessment purposes.

SECTION WORDING

753.01(1) If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under subsection (4).

EXPLANATION

Section 753.01(1) of the Criminal Code of Canada pertains to the legal consequences that follow when an offender is designated as a dangerous offender. This section stipulates that if such an offender is later convicted of a serious personal injury offence or an offense under subsection 753.3(1), the prosecutor can apply to the court to remand the offender, before sentence is imposed, to the custody of a designated person for a period not exceeding 60 days. This designated person must be capable of performing an assessment or arranging for an assessment to be carried out by experts, which will be used as evidence in an application under subsection (4). Subsection 753.3(1) details that a serious personal injury offence means an indictable offence involving the use of violence or direct or indirect aggression against another person that causes serious bodily harm or endangers that person's life. A person who is designated as a dangerous offender is someone who poses a significant risk of reoffending, including committing further violent crimes, and who needs to be incarcerated indefinitely until they are deemed safe to be released back into society. The purpose of this section is to ensure that the court has the necessary information to assess the risk posed by a dangerous offender who has committed a new serious offense. The assessment carried out during this remand period will be used to determine whether the offender should be designated as a dangerous offender again, or whether a different type of sentence is appropriate. Overall, the application of this section helps to enhance public safety and prevent further harm to individuals by ensuring that the appropriate measures are taken to protect society from dangerous offenders.

COMMENTARY

Section 753.01(1) of the Criminal Code of Canada refers to dangerous offenders who have been convicted of a serious personal injury offence or an offence under subsection 753.3(1). The section requires that the court, upon the prosecutor's application, must remand the offender to the custody of a designated person for an assessment. The purpose of the assessment is to determine whether the offender meets the criteria for being declared a dangerous offender. Being declared a dangerous offender is a serious matter, as it results in an indeterminate sentence, meaning the offender can remain in jail indefinitely, until it is deemed safe for them to be released. The criteria for being declared a dangerous offender are set out in section 753, and include factors such as the nature and circumstances of the offence, the offender's criminal history and behaviour, and the likelihood of the offender committing future offences. It is important to note that being declared a dangerous offender is a rare occurrence. The Crown must prove beyond a reasonable doubt that the offender meets the criteria, and the court must be satisfied that the offender poses a serious risk to the safety of the public. If an offender is found to be a dangerous offender, they are subject to a special sentencing process under section 753. The sentencing process involves a hearing in which the Crown and defence may present evidence and submissions to the court. The court must consider a range of factors, including the offender's risk of reoffending, the impact of the offender's actions on the victim(s), and the offender's potential for rehabilitation. The court must also consider the protection of the public, and may only impose a lesser sentence if it is satisfied that the offender can be managed safely in the community. In summary, section 753.01(1) of the Criminal Code of Canada provides an important mechanism for managing offenders who pose a serious risk to the safety of the public. The section ensures that dangerous offenders who commit further offences are subject to a thorough assessment to determine whether they meet the criteria for being declared a dangerous offender. If they are, the court must impose an appropriate sentence that balances the protection of the public with the potential for rehabilitation.

STRATEGY

Section 753 of the Criminal Code of Canada governs the determination of dangerous offenders. Dangerous offenders are those offenders who have a pattern of behaviour that shows a likelihood of causing serious harm to others in the future. Section 753.01(1) of the Code describes the procedure that is to be followed in the event that an offender who has been designated a dangerous offender is later convicted of an offence. The provisions of this section pose significant strategic considerations for all parties involved, including the prosecutor, the defence, and the court. One of the key strategic considerations for the prosecutor is the decision of whether or not to apply for the remand of the offender under this section. The prosecutor must assess whether there is sufficient evidence to support a finding that the offender has committed a serious personal injury offence or an offence under subsection 753.3(1). If the prosecutor determines that there is sufficient evidence, he or she must decide whether seeking a remand of the offender is likely to lead to a successful application for a designation as a dangerous offender. Such a designation has serious consequences for the offender, as it can lead to indefinite detention, and therefore the prosecutor should not take the decision lightly. For the defence, the key strategic consideration is to try to prevent the remand of the offender. The defence will want to challenge the evidence put forward by the prosecutor and to argue that the seriousness of the offence does not warrant a remand. The defence may also want to try to negotiate a plea bargain that does not involve a remand, in exchange for a guilty plea or some other concession. For the court, the strategic consideration is to ensure that the interests of justice are served. The court must weigh the seriousness of the offence against the likelihood that the offender is a danger to society. The court may also consider the potential impact of a remand on the offender, as well as the impact on the community as a whole. There are several strategies that the parties involved can employ in order to achieve their objectives. For the prosecutor, one strategy might be to present the evidence in a compelling manner, making it clear to the court that the offender's pattern of behaviour supports a designation as a dangerous offender. Another strategy might be to negotiate with the defence, offering concessions in exchange for a plea of guilt and the avoidance of a remand. For the defence, one strategy might be to challenge the evidence put forward by the prosecutor, arguing that it is insufficient to warrant a remand. Another strategy might be to demonstrate that the offender has taken steps to address their behaviour and that a remand is no longer necessary. For the court, one strategy might be to order a thorough assessment of the offender's mental state and risk of reoffending before deciding whether or not to remand the offender. This would provide the court with more information to inform its decision. In conclusion, section 753.01(1) of the Criminal Code of Canada poses significant strategic considerations for all parties involved in criminal proceedings. In order to achieve their objectives, the parties must carefully assess the evidence, weigh the potential consequences of their actions, and pursue strategies that will serve their interests while also serving the interests of justice.