INTRODUCTION AND BRIEF DESCRIPTION
This section requires the court to make a prompt disposition for the accused if possible.
SECTION WORDING
672.45(2) At a disposition hearing, the court shall make a disposition in respect of the accused, if it is satisfied that it can readily do so and that a disposition should be made without delay.
EXPLANATION
Section 672.45(2) of the Criminal Code of Canada outlines the requirement for a court to make a disposition, or decision, in relation to an accused person at a hearing. This section specifies that a disposition shall be made by the court if it is satisfied that it can do so easily and that it is necessary to do so without delay. Dispositions in criminal proceedings are made after the accused has been found guilty or has pleaded guilty to a criminal offence. The purpose of a disposition hearing is to determine the appropriate sanction or punishment for the offence committed. The court may consider a range of dispositions, including imprisonment, fines, probation orders, or community service. The requirement for the court to make a disposition without delay highlights the importance of ensuring timely justice. Delays in the disposition of criminal cases can have significant negative consequences for both the accused and the broader justice system. Timely dispositions ensure that accused persons are held accountable for their actions and that victims and their families receive closure and justice. Overall, section 672.45(2) underscores the importance of timely and effective justice in the Canadian criminal justice system. By requiring the court to make a disposition without delay, this section ensures that justice is served quickly and effectively, promoting accountability and deterrence for criminal behaviour.
COMMENTARY
Section 672.45(2) of the Criminal Code of Canada deals with the disposition hearing in criminal cases. The disposition hearing is a crucial step in the criminal justice process as it determines the penalty and sentence that the accused will receive for the offence committed. The purpose of this section is to ensure that a disposition is made promptly if the court is satisfied that it can readily do so. In Canada, the disposition hearing is held after the accused has been found guilty of the offence. The court then takes into account various factors such as the seriousness of the offence, the circumstances of the offender, and the potential for rehabilitation, among others, to determine the appropriate sentence for the offender. The disposition hearing is an opportunity for the court to consider the individual factors that may have contributed to the offender's crime and to tailor a sentence that will address those factors, while at the same time ensuring that justice is served. One of the key features of Section 672.45(2) is the emphasis on promptness. This is in recognition of the fact that delayed justice can be justice denied. The section mandates that a disposition must be made promptly if the court is satisfied that it can readily do so. The goal is to ensure that the offender is not left hanging in limbo, unsure of what their sentence will be even after being found guilty, and that justice is swift. The requirement for promptness is equally important for victims of crime. Delayed justice can prolong the trauma and suffering experienced by victims and can send the message that the justice system is not equipped to address their needs. The prompt disposition of an offender can help to alleviate this trauma and offer a sense of closure to victims. Another significant aspect of Section 672.45(2) is the discretion afforded to the court. The section states that a disposition should be made if the court is satisfied that it can readily do so. This means that the court has the discretion to determine whether a disposition is appropriate and whether it can be made promptly. The court may consider factors such as the complexity of the case, the availability of sentencing options, and the need for additional information, among others, in determining whether a disposition can be readily made. In summary, Section 672.45(2) of the Criminal Code of Canada is a critical provision that emphasizes the importance of prompt and equitable justice in criminal cases. The section recognizes the need for timely dispositions that take into account the unique circumstances of each case, while also ensuring that justice is served. The discretion afforded to the court ensures that dispositions are made on a case-by-case basis, taking into account the specific circumstances of each offender and the needs of victims. Overall, Section 672.45(2) represents a key component of Canada's criminal justice system, striving to achieve a fair and just outcome for all.
STRATEGY
Section 672.45(2) of the Criminal Code of Canada stipulates that during a disposition hearing, the court must make a decision regarding the accused's disposition if it is convinced that it can do so quickly and without a delay. It is important to note that the decision of the court on the accused's disposition can significantly impact their life. Therefore, the lawyers and the accused must be strategic in their approach in dealing with this section of the Criminal Code of Canada to receive a favorable disposition in their case. One of the strategies that lawyers and the accused may use is to ensure that they are fully prepared. This involves gathering concrete evidence that supports the accused's case. It would include presenting a pre-sentencing report and ascertaining that the trial judge is aware of any potential mitigating factors in the accused's case. The report should highlight any information pertinent to the accused's background, as well as any mental health or addiction issues, they may be facing. Another strategy that lawyers and the accused may use is to negotiate a plea bargain with the prosecution. A plea bargain is an agreement between the prosecution and the accused, where the accused agrees to plead guilty in exchange for a reduced sentence or lesser charge. This is especially useful where the evidence against the accused is compelling, and they wish to receive a lesser sentence or a reduced charge. It is also essential to recognize that the disposition hearing is a crucial stage in the case and, therefore, should be approached with the utmost seriousness. During the hearing, the accused must demonstrate remorse for their actions and show that they have taken steps to make amends for their behavior. The accused should also present themselves in a positive light, highlighting their positive contributions to society. Additionally, it is vital to consider the potential long-term consequences that could result from the disposition made concerning the accused's case. This includes examining the impact the disposition will have on their future prospects, such as employment opportunities, their right to vote, and their immigration status. Where necessary, the advice of experienced legal counsel should be sought to help navigate these long-term implications. In conclusion, strategies employed when dealing with Section 672.45(2) of the Criminal Code of Canada should be tailored according to the unique circumstances of a case. However, ensuring that the accused is well-prepared, approaching the disposition hearing with seriousness, negotiating a plea bargain, and recognizing the long-term consequences of the disposition can prove effective. These strategies can be combined to formulate a comprehensive approach to secure a favorable disposition for the accused.