Criminal Code

Marginal note:Prosecutor’s duty to advise court

752.01 The prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1), if the prosecutor is of the opinion that an offence for which an offender is found guilty is a serious personal injury offence and that

• (a) the offence is a designated offence and the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those previous convictions; or

• (b) the offender committed the offence against their intimate partner, a member of their family or a member of their intimate partner’s family, and the offender was convicted previously at least twice of an offence that was committed against any such person and that was a designated offence or serious personal injury offence.