Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Marginal note:Reasons for sentence

 When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.

  • 1995, c. 22, s. 6.
Marginal note:Previous conviction
  •  (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof.

  • Marginal note:Procedure

    (2) Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced.

  • Marginal note:Where hearing ex parte

    (3) Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof.

  • Marginal note:Organizations

    (4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction.

  • Marginal note:Section does not apply

    (5) This section does not apply to a person referred to in paragraph 745(b).

  • R.S., 1985, c. C-46, s. 727;
  • R.S., 1985, c. 27 (1st Supp.), s. 160;
  • 1995, c. 22, s. 6;
  • 2003, c. 21, s. 16.
Marginal note:Sentence justified by any count

 Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.

  • R.S., 1985, c. C-46, s. 728;
  • 1995, c. 22, s. 6.
Marginal note:Proof of certificate of analyst
  •  (1) In

    • (a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or

    • (b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,

    a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Definition of analyst

    (2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • (4) and (5) [Repealed, 2008, c. 18, s. 36]

  • Marginal note:Requiring attendance of analyst

    (6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • R.S., 1985, c. C-46, s. 729;
  • 1995, c. 22, s. 6;
  • 1999, c. 31, s. 69;
  • 2004, c. 12, s. 11(E);
  • 2008, c. 18, s. 36.
Marginal note:Proof of certificate of analyst — bodily substance
  •  (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • Definition of analyst

    (2) In this section, analyst has the same meaning as in subsection 254(1).

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • Marginal note:Requiring attendance of analyst

    (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • 2011, c. 7, s. 2.

Absolute and Conditional Discharges

Marginal note:Conditional and absolute discharge
  •  (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

  • Marginal note:Period for which appearance notice, etc., continues in force

    (2) Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.

  • Marginal note:Effect of discharge

    (3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that

    • (a) the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence;

    • (b) the Attorney General and, in the case of summary conviction proceedings, the informant or the informant’s agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and

    • (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.

  • Marginal note:Where person bound by probation order convicted of offence

    (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged.

  • R.S., 1985, c. C-46, s. 730;
  • 1995, c. 22, s. 6;
  • 1997, c. 18, s. 141;
  • 2003, c. 21, s. 17.

Probation

Marginal note:Making of probation order
  •  (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission,

    • (a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or

    • (b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order.

  • Marginal note:Idem

    (2) A court may also make a probation order where it discharges an accused under subsection 730(1).

  • (3.1) [Repealed, 1997, c. 17, s. 1]

  • R.S., 1985, c. C-46, s. 731;
  • 1992, c. 1, s. 58, c. 20, s. 200;
  • 1995, c. 22, s. 6;
  • 1997, c. 17, s. 1.
 
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