Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-03-20 and last amended on 2016-06-17. Previous Versions

Marginal note:Copy of statement

 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

  • 1995, c. 22, s. 6;
  • 1999, c. 25, s. 18(Preamble).
Marginal note:Community impact statement
  •  (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement made by an individual on a community’s behalf that was prepared in accordance with this section and filed with the court describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.

  • Marginal note:Form

    (2) The statement must be prepared in writing, using Form 34.3 in Part XXVIII, 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.

  • Marginal note:Presentation of statement

    (3) The court shall, on the request of the individual making the statement, permit the individual to present the statement by

    • (a) reading it;

    • (b) reading it in the presence and close proximity of any support person of the individual’s choice;

    • (c) reading it outside the court room or behind a screen or other device that would allow the individual not to see the offender; or

    • (d) presenting it in any other manner that the court considers appropriate.

  • Marginal note:Conditions of exclusion

    (4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.

  • Marginal note:Copy of statement

    (5) The clerk of the court shall, as soon as feasible after a finding of guilt, provide a copy of the statement to the offender or counsel for the offender, and to the prosecutor.

  • 1999, c. 25, s. 18(Preamble);
  • 2015, c. 13, s. 26.
Marginal note:Submissions on facts
  •  (1) Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed.

  • Marginal note:Submission of evidence

    (2) The court shall hear any relevant evidence presented by the prosecutor or the offender.

  • Marginal note:Production of evidence

    (3) The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.

  • Marginal note:Compel appearance

    (4) Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence.

  • Marginal note:Hearsay evidence

    (5) Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person

    • (a) has personal knowledge of the matter;

    • (b) is reasonably available; and

    • (c) is a compellable witness.

  • R.S., 1985, c. C-46, s. 723;
  • 1995, c. 22, s. 6.
Marginal note:Information accepted
  •  (1) In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender.

  • Marginal note:Jury

    (2) Where the court is composed of a judge and jury, the court

    • (a) shall accept as proven all facts, express or implied, that are essential to the jury’s verdict of guilty; and

    • (b) may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact.

  • Marginal note:Disputed facts

    (3) Where there is a dispute with respect to any fact that is relevant to the determination of a sentence,

    • (a) the court shall request that evidence be adduced as to the existence of the fact unless the court is satisfied that sufficient evidence was adduced at the trial;

    • (b) the party wishing to rely on a relevant fact, including a fact contained in a presentence report, has the burden of proving it;

    • (c) either party may cross-examine any witness called by the other party;

    • (d) subject to paragraph (e), the court must be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and

    • (e) the prosecutor must establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction by the offender.

  • R.S., 1985, c. C-46, s. 724;
  • 1995, c. 22, s. 6.
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.
 
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