Criminal Code of Canada - section 260(1) - Proceedings on making of prohibition order

section 260(1)

INTRODUCTION AND BRIEF DESCRIPTION

If a court issues a prohibition order, the offender must be informed of the order, given a copy, and be informed of subsection 259(4).

SECTION WORDING

260(1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause (a) the order to be read by or to the offender; (b) a copy of the order to be given to the offender; and (c) the offender to be informed of subsection 259(4).

EXPLANATION

Section 260(1) of the Criminal Code of Canada outlines the requirements for a court to issue a prohibition order under section 259 in relation to an offender. A prohibition order is a type of court order that restricts an offender from certain activities or places for a specific period of time. Under subsection 259(4), a court may impose conditions on a prohibition order, such as requiring the offender to provide samples for testing or to attend counseling or treatment programs. It is therefore important for the offender to be informed of these conditions in order to comply with the order. In order to ensure that the offender is fully aware of the prohibition order and its conditions, the court must take certain steps. Firstly, the court must ensure that the order is read to or by the offender. This ensures that the offender hears and understands the terms of the order. Secondly, the court must provide the offender with a copy of the order. This allows the offender to review the order and refer to it if necessary. Finally, the court must inform the offender of subsection 259(4) and any conditions that may be imposed on the prohibition order. This ensures that the offender understands the extent of the restrictions and the consequences of non-compliance. Overall, section 260(1) of the Criminal Code of Canada ensures that offenders are fully informed of the terms and conditions of a prohibition order in order to facilitate compliance with the order and protect public safety.

COMMENTARY

Section 260(1) of the Criminal Code of Canada pertains to the conditions to be followed when a prohibition order is made under section 259 related to an offender. The section emphasizes the importance of providing information to the offender, ensuring that they understand the prohibition order, and the consequences of non-compliance. A prohibition order is issued by a court against an offender, prohibiting them from undertaking certain activities or being present in certain places. Such orders may be imposed to protect the public or prevent the offender from committing further offences. The consequences of violating a prohibition order can be severe, ranging from fines to imprisonment. Hence, it is crucial that the offender is fully informed of the terms and conditions of the prohibition order they are subject to. Under section 260(1)(a), the court is directed to ensure that the offender has the opportunity to read or is read the prohibition order. This ensures that the offender understands the scope of the order and the restrictions it places on their behavior. The court must confirm that the offender has read the order or has had it read to them by an authorized person. Under section 260(1)(b), the court is required to provide the offender with a copy of the prohibition order. This ensures that the offender has a written version of the order to refer to in case of any doubts or confusion. It also ensures that the offender always has a copy of the order with them, to refer to if they forget the terms and conditions of the order. Section 260(1)(c) ensures that the offender is informed of subsection 259(4), which outlines the consequences of violating a prohibition order. This subsection states that if an offender is found guilty of violating a prohibition order, they may be punished with imprisonment for up to two years or with a fine, or both. In case of a subsequent offence, the punishment can be even more severe. This ensures that the offender is fully informed of the consequences of violating the order, and acts as a deterrent against non-compliance. In conclusion, section 260(1) of the Criminal Code of Canada is an essential provision that ensures that offenders are fully informed about the conditions of their prohibition order. By implementing this section, the court can ensure that the offender understands the scope of the order, has a written copy to refer to, and are informed of the consequences of violating the order. This ensures that the offender has no room for misunderstanding, and they will be held accountable for their actions if they violate the order. Overall, this section helps in protecting the public and preventing further offences by ensuring offenders comply with the imposed restrictions.

STRATEGY

Section 260(1) of the Criminal Code of Canada outlines the procedural requirements for making a prohibition order under section 259 in relation to an offender. The section requires that the court ensures the offender is made aware of the details of the prohibition and is given a copy of the order. If a violation of the prohibition occurs, the offender could face additional charges and penalties in addition to the original offense. Given the severity of the consequences of violating a prohibition order, there are several strategic considerations that lawyers and defendants should keep in mind when dealing with this section of the Criminal Code of Canada. The following are some strategies that could be employed: 1. Negotiating a plea bargain If an offender is facing charges that could result in a prohibition order, one potential strategy is to negotiate a plea bargain with the prosecution. In exchange for pleading guilty to the offense, the offender could receive a reduced sentence or the prohibition order could be less restrictive in scope. 2. Challenging the scope of the prohibition order Prohibition orders can be quite broad and restrictive, and may have significant impact on an offender's life. If an offender believes that the prohibition is too restrictive, they may challenge the scope of the order in court. For instance, they may argue that the order is overly broad and infringes on their constitutional rights. 3. Ensuring clear communication with the offender Section 260(1) requires that the court ensure the offender is made aware of the details of the prohibition and is given a copy of the order. It is important that lawyers and court officials communicate the details of the prohibition clearly and are certain that the offender fully understands what they are prohibited from doing. 4. Monitoring compliance with the prohibition order Once a prohibition order is issued, it is important to monitor compliance with its terms. Offenders who violate the prohibition order can face additional charges and penalties, so it is essential to ensure that the terms of the prohibition are adhered to. 5. Seeking a variation or revocation of the prohibition order If an offender's circumstances change after a prohibition order has been issued, they may seek to have the order varied or revoked altogether. For instance, they may argue that the order is no longer necessary or that it is causing undue hardship on them or their family. In conclusion, Section 260(1) of the Criminal Code of Canada requires courts to ensure that offenders are made aware of the details of a prohibition order. To effectively navigate this section, lawyers and defendants should consider negotiating a plea bargain, challenging the scope of the prohibition order, ensuring clear communication with the offender, monitoring compliance with the prohibition order, and seeking a variation or revocation of the order when appropriate.