• Marginal note:Appeal against s. 745.51(1) order

  (2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

• Marginal note:Appeal against decision not to make s. 745.51(1) order

  (6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

Marginal note:Recommendation by jury — multiple murders

• 745.21 (1) Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

  You have found the accused guilty of murder. The law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period without eligibility for parole to be served for this murder consecutively to the period without eligibility for parole imposed for the previous murder? You are not required to make any recommendation, but if you do, your recommendation will be considered by me when I make my determination.

• Marginal note:Application

  (2) Subsection (1) applies to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

Marginal note:Ineligibility for parole — multiple murders

• 745.51 (1) At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made pursuant to section 745.21, by order, decide that the periods without eligibility for parole for each murder conviction are to be served consecutively.

• Marginal note:Reasons

  (2) The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).

• Marginal note:Application

  (3) Subsections (1) and (2) apply to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

• (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury is deemed to be a reference to the panel of a General Court Martial; and

Marginal note:Concurrent punishment

149. Where a person is under a sentence imposed by a service tribunal that includes a punishment involving incarceration and another service tribunal subsequently passes a new sentence that also includes a punishment involving incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code, after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first.

• (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

• (a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code;