Criminal Code

Marginal note:Report by probation officer

• 721 (1) Subject to regulations made under subsection (2), where an accused, other than a corporation, 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 pursuant to 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.

• Marginal note:Idem

  (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.