Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Exception to long-term supervision — life sentence

• 755 (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.

756 [Repealed, 1997, c. 17, s. 5]

Marginal note:Evidence of character

757 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.

Marginal note:Presence of accused at hearing of application

• 758 (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard

  • (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or

  • (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), the court may

  • (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or

  • (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

Marginal note:Appeal — offender

• 759 (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.

• (1.1) [Repealed, 2008, c. 6, s. 51]

• Marginal note:Appeal — Attorney General

  (2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.

• Marginal note:Disposition of appeal

  (3) The court of appeal may

  • (a) allow the appeal and

    • (i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or

    • (ii) order a new hearing, with any directions that the court considers appropriate; or

  • (b) dismiss the appeal.

• (3.1) and (3.2) [Repealed, 2008, c. 6, s. 51]

• Marginal note:Effect of decision

  (4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.

• (4.1) to (5) [Repealed, 2008, c. 6, s. 51]

• Marginal note:Commencement of sentence

  (6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.

• Marginal note:Part XXI applies re appeals

  (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

Marginal note:Disclosure to Correctional Service of Canada

760 Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.

Marginal note:Review for parole

• 761 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

• Marginal note:Idem

  (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the Parole Board of Canada shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

PART XXVEffect and Enforcement of Undertakings, Release Orders and Recognizances

Marginal note:Applications for forfeiture

• 762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.

• Marginal note:Definitions

  (2) In this Part,

  clerk of the court

  clerk of the court means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule; (greffier du tribunal)

  schedule

  schedule means the schedule to this Part. (annexe)

Marginal note:Undertaking or release order binding on person

• 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

• Marginal note:Summary of certain provisions

  (2) A summary of section 763 must be set out in any undertaking, release order or recognizance.

Marginal note:Undertaking or release order binding on accused

• 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.

• Marginal note:Committal or new sureties

  (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.

• Marginal note:Effect of committal

  (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).

• Marginal note:Summary of certain provisions

  (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.