Marginal note:Report by probation officer
721. (1) Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged under section 730.
Marginal note:Provincial regulations
(2) The lieutenant governor in council of a province may make regulations respecting the types of offences for which a court may require a report, and respecting the content and form of the report.
Marginal note:Content of report
(3) Unless otherwise specified by the court, the report must, wherever possible, contain information on the following matters:
(a) the offender’s age, maturity, character, behaviour, attitude and willingness to make amends;
(b) subject to subsection 119(2) of the Youth Criminal Justice Act, the history of previous dispositions under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the history of previous sentences under the Youth Criminal Justice Act, and of previous findings of guilt under this Act and any other Act of Parliament;
(c) the history of any alternative measures used to deal with the offender, and the offender’s response to those measures; and
(d) any matter required, by any regulation made under subsection (2), to be included in the report.
(4) The report must also contain information on any other matter required by the court, after hearing argument from the prosecutor and the offender, to be included in the report, subject to any contrary regulation made under subsection (2).
Marginal note:Copy of report
(5) The clerk of the court shall provide a copy of the report, as soon as practicable after filing, to the offender or counsel for the offender, as directed by the court, and to the prosecutor.
- R.S., 1985, c. C-46, s. 721;
- R.S., 1985, c. 27 (1st Supp.), s. 203;
- 1995, c. 22, s. 6;
- 1999, c. 25, s. 16(Preamble);
- 2002, c. 1, s. 183;
- 2003, c. 21, s. 15.
Marginal note:Victim impact statement
722. (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged pursuant to section 730 in respect of any offence, the court shall consider any statement that may have been prepared in accordance with subsection (2) of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.
Marginal note:Procedure for victim impact statement
(2) A statement referred to in subsection (1) must be
(a) prepared in writing in the form and in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction; and
(b) filed with the court.
Marginal note:Presentation of statement
(2.1) The court shall, on the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (2), or to present the statement in any other manner that the court considers appropriate.
Marginal note:Evidence concerning victim admissible
(3) Whether or not a statement has been prepared and filed in accordance with subsection (2), the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.
Definition of “victim”
(4) For the purposes of this section and section 722.2, “victim”, in relation to an offence,
(a) means a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and
(b) where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.
- R.S., 1985, c. C-46, s. 722;
- 1995, c. 22, s. 6;
- 1999, c. 25, s. 17(Preamble);
- 2000, c. 12, s. 95.
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