INTRODUCTION AND BRIEF DESCRIPTION
A court may make a probation order when it discharges an accused.
SECTION WORDING
731(2) A court may also make a probation order where it discharges an accused under subsection 730(1).
EXPLANATION
Section 731(2) of the Criminal Code of Canada is related to probation orders. Probation refers to a court-ordered period of community supervision and rehabilitation given to a person who has been convicted of a crime, as an alternative to serving a jail sentence or as a condition of a suspended sentence. The section enables the court to order a probation order when it discharges an accused of a crime under subsection 730(1). Subsection 730(1) of the Criminal Code provides for a discharge, which represents a decision by the court not to convict an accused person. Instead, the court releases the person without any finding of guilt. The court discharges an accused person in exceptional cases, where it determines that a discharge is in the best interest of justice and society. Section 731(2) allows the court to make a probation order in conjunction with a discharge of an accused person. Therefore, if the court deems it in the interest of justice, it can order a probation period for the discharged person. During the probation period, the individual must obey certain conditions set by the court, such as regularly reporting to a probation officer, seeking and maintaining employment, and avoiding certain people or places. The court can impose additional conditions as it deems necessary to prevent future criminal behavior and promote the person's rehabilitation. Probation orders may also include requirements such as taking rehabilitative programs, participating in drug and alcohol testing, attending counseling or therapy sessions, and making restitution to the victim of the crime. Therefore, this section of the Criminal Code of Canada gives the court the power to impose a period of supervision, support, and rehabilitation for a discharged person when it is deemed appropriate.
COMMENTARY
Section 731(2) of the Criminal Code of Canada deals with the possibility of a court making a probation order after discharging an accused under subsection 730(1). This provision gives judges the power to order probation in specific cases where the court feels that it is appropriate. Probation is a type of sentence that allows a convicted criminal to serve their sentence outside of prison, under the supervision of a probation officer. Probation orders often include conditions which a convicted criminal must follow, such as staying away from certain areas or people, living at a designated address, or attending rehabilitation programs. Failure to comply with these conditions can result in further criminal charges and a return to prison. The ability of a court to order probation under Section 731(2) is an important aspect of the Canadian criminal justice system. Probation orders are designed to assist convicted criminals in reintegrating back into society, while at the same time ensuring that they are held accountable for their actions. By including this provision, the Criminal Code recognizes that prisoners who have completed their sentences may need additional support to successfully transition back to society and avoid reoffending. The application of Section 731(2) is not automatic, and courts must consider a number of factors when determining whether to issue a probation order. Factors that may be taken into account include the nature and severity of the crime committed, the individual's criminal history, their personal circumstances, and the likelihood of reoffending. The court must also be satisfied that the probation order is necessary and appropriate given the circumstances of the case. In some cases, probation may be imposed as an alternative to a custodial sentence, where the court believes that a convicted criminal does not pose a significant risk to society. This is particularly true for low-level offenses, where a probation order may be more appropriate than a prison sentence. It is also possible for a probation order to be imposed in addition to a custodial sentence, as a form of additional supervision. For probation orders to be effective, they must be carefully tailored to the individual needs of the convicted criminal. This includes taking into account their personal circumstances, such as substance abuse or mental health issues, and providing access to appropriate support and resources. Probation officers play a crucial role in supervising, supporting, and monitoring the behavior of those subject to probation orders. Overall, Section 731(2) of the Criminal Code of Canada is an important provision that recognizes the importance of supporting convicted criminals in their efforts to reintegrate into society. Probation orders can provide an effective means of achieving this, while at the same time ensuring that those who have committed crimes are held accountable for their actions and prevented from reoffending.
STRATEGY
Section 731(2) of the Criminal Code of Canada provides the courts with the power to impose a probation order when it discharges an accused under subsection 730(1). This provision allows the court to discharge an accused person without a conviction by imposing certain conditions to be met during a specified period. The purpose of probation is to rehabilitate the offender, prevent further criminal behavior, and protect the public. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations to be taken into account. The primary goal is to determine whether the offender is suitable for probation or not. Some of the factors that should be considered may include the nature and severity of the offense, the offender's criminal history, and the offender's willingness and capacity to comply with the conditions of the probation order. If the offender is not suitable for probation, alternative measures could be put in place. Another strategic consideration is to determine the appropriate conditions to be included in the probation order. The conditions should be specific, measurable, achievable, relevant, and time-bound. They should also be tailored to address the specific needs and circumstances of the offender. Some common conditions that may be imposed include reporting to a probation officer, attending counseling or treatment programs, or staying away from certain places or individuals. A further strategic consideration is to ensure that the probation order is effectively monitored and enforced. This requires the cooperation of the offender and the probation officer. The offender must comply with the conditions of the order, report any changes in their circumstances, and attend all appointments with their probation officer. The probation officer, on the other hand, must monitor the offender's compliance with the probation order and report any violations to the court. There are several strategies that could be employed when dealing with Section 731(2) of the Criminal Code of Canada. One strategy could be to negotiate with the prosecutor to have the charges withdrawn or reduced in exchange for a probation order. This strategy is most effective when there is no victim or the victim is not opposed to the offender receiving probation. Another strategy could be to present mitigating factors to the court to demonstrate that probation is the most appropriate sentence. For example, if the offender is a first-time offender or has a history of mental health issues, a probation order may be more suitable than a custodial sentence. A further strategy could be to ensure that the conditions of the probation order are achievable and tailored to the offender's needs. This can be done by consulting with the offender, their family, and their probation officer to determine the most appropriate conditions. In conclusion, Section 731(2) of the Criminal Code of Canada provides the courts with a valuable tool to rehabilitate offenders and protect the public. However, strategic considerations must be taken into account to determine if probation is suitable, what conditions should be included, and how the order should be monitored and enforced. By employing effective strategies, probation can be a successful and effective sentence for many offenders.