Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-10-27 and last amended on 2015-07-23. Previous Versions

Marginal note:Hearing of application
  •  (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless

    • (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;

    • (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and

    • (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.

  • Marginal note:By court alone

    (2) An application under this Part shall be heard and determined by the court without a jury.

  • Marginal note:When proof unnecessary

    (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.

  • Marginal note:Proof of consent

    (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

  • R.S., 1985, c. C-46, s. 754;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 2008, c. 6, s. 48.
Marginal note:Exception to long-term supervision — life sentence
  •  (1) The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment.

  • Marginal note:Maximum length of long-term supervision

    (2) The periods of long-term supervision to which an offender is subject at any particular time must not total more than 10 years.

  • R.S., 1985, c. C-46, s. 755;
  • 1997, c. 17, s. 5;
  • 2008, c. 6, s. 49.

 [Repealed, 1997, c. 17, s. 5]

Marginal note:Evidence of character

 Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted

  • (a) on the question of whether the offender is or is not a dangerous offender or a long-term offender; and

  • (b) in connection with a sentence to be imposed or an order to be made under this Part.

  • R.S., 1985, c. C-46, s. 757;
  • 1997, c. 17, s. 5;
  • 2008, c. 6, s. 50.