Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Other offences
  •  (1) In determining the sentence, a court

    • (a) shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the sentence to be imposed for each of those offences;

    • (b) shall consider, if the Attorney General and the offender consent, any outstanding charges against the offender to which the offender consents to plead guilty and pleads guilty, if the court has jurisdiction to try those charges, and shall determine the sentence to be imposed for each charge unless the court is of the opinion that a separate prosecution for the other offence is necessary in the public interest;

    • (b.1) shall consider any outstanding charges against the offender, unless the court is of the opinion that a separate prosecution for one or more of the other offences is necessary in the public interest, subject to the following conditions:

      • (i) the Attorney General and the offender consent,

      • (ii) the court has jurisdiction to try each charge,

      • (iii) each charge has been described in open court,

      • (iv) the offender has agreed with the facts asserted in the description of each charge, and

      • (v) the offender has acknowledged having committed the offence described in each charge; and

    • (c) may consider any facts forming part of the circumstances of the offence that could constitute the basis for a separate charge.

  • Marginal note:Attorney General’s consent

    (1.1) For the purpose of paragraphs (1)(b) and (b.1), the Attorney General shall take the public interest into account before consenting.

  • Marginal note:No further proceedings

    (2) The court shall, on the information or indictment, note

    • (a) any outstanding charges considered in determining the sentence under paragraph (1)(b.1), and

    • (b) any facts considered in determining the sentence under paragraph (1)(c),

    and no further proceedings may be taken with respect to any offence described in those charges or disclosed by those facts unless the conviction for the offence of which the offender has been found guilty is set aside or quashed on appeal.

  • R.S., 1985, c. C-46, s. 725;
  • R.S., 1985, c. 27 (1st Supp.), s. 158, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 6;
  • 1999, c. 5, s. 31.
Marginal note:Offender may speak to sentence

 Before determining the sentence to be imposed, the court shall ask whether the offender, if present, has anything to say.

  • R.S., 1985, c. C-46, s. 726;
  • R.S., 1985, c. 27 (1st Supp.), s. 159, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 6.
Marginal note:Relevant information

 In determining the sentence, a court shall consider any relevant information placed before it, including any representations or submissions made by or on behalf of the prosecutor or the offender.

  • 1995, c. 22, s. 6.