INTRODUCTION AND BRIEF DESCRIPTION
Section 732(1) of the Criminal Code of Canada allows for intermittent imprisonment for offenders sentenced to 90 days or less, with compliance to probation conditions.
SECTION WORDING
732(1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at such times as are specified in the order; and (b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence.
EXPLANATION
Section 732(1) of the Criminal Code of Canada allows for a sentence of imprisonment of 90 days or less to be served intermittently, instead of continuously, at the discretion of the court. This means that an offender may serve their sentence in segments, with breaks in between, as long as appropriate accommodation is available and certain conditions are met. The court must take into account various factors when determining whether intermittent sentencing is appropriate, including the age and character of the offender, the nature of the offence, and the circumstances surrounding its commission. Additionally, the court must ensure that adequate accommodation is available to ensure compliance with the sentence. If the court orders intermittent sentencing, the offender must comply with certain conditions prescribed in a probation order during the periods when they are not in confinement. These conditions may include things like reporting to a probation officer, staying away from certain people or places, or attending counseling or treatment programs. Overall, Section 732(1) gives the court flexibility in imposing sentences of imprisonment for relatively minor offences. Instead of requiring an offender to spend a continuous period of time in custody, the court may allow for breaks in their confinement while still maintaining the integrity of the sentence and ensuring compliance with probationary conditions.
COMMENTARY
Section 732(1) of the Criminal Code of Canada grants discretion to the court to allow for intermittent sentences of imprisonment for offenders who have been convicted of an offense and have received a sentence of ninety days or less. This provision recognizes that not all offenders are the same, and their circumstances, age, and character differ, often requiring a tailored approach to their punishment, which is crucial in rehabilitating rather than punishing them. Intermittent sentences are designed to accommodate offenders who are not fit to serve their sentence entirely in confinement due to certain factors such as personal circumstances, mental or physical health issues or dependency on substances, or due to the nature of the crime that does not warrant continuous imprisonment. The court can impose conditions on the offender during the period not in confinement to ensure their rehabilitation, such as by issuing a probation order. Section 732(1) also emphasizes the importance of considering the availability of appropriate accommodation, which is essential for ensuring compliance with the sentence. In other words, the sentence can only be intermittent if the court is satisfied that the offender has a place to stay during non-confinement periods. By specifying all these conditions and thresholds, the section has a primary objective of reducing incarceration rates, and hopefully, recidivism rates in the country, which, in turn, may save taxpayers money that could be used for other critical needs in the community. In practical terms, the benefits of intermittent sentences may vary depending on the circumstances of the offender. When implemented correctly, these sentences can allow the offender to maintain their employment and avoid disrupting their family life, which could be especially crucial in the long-term. Additionally, in cases of substance abuse, intermittent sentences may give offenders an opportunity to receive medical help while maintaining their daily routines, which could reduce the underlying issue that led them to commit the crime. However, there are also potential drawbacks associated with intermittent sentences. Some argue that these sentences may dilute the seriousness of the offense, may be too lenient, and may not serve as an adequate deterrent for the offender or others who may be tempted to commit similar crimes. Others also believe that requiring offenders to meet conditions during non-confinement periods may be challenging for some, and unfulfilled requirements could lead to more punishment, thereby defeating the purpose of intermittent sentences. In conclusion, the enactment of Section 732(1) of the Criminal Code of Canada is a progressive and innovative law that highlights the importance of focusing on the rehabilitation of offenders rather than merely punishing them. However, it is essential to ensure the appropriate use of intermittent sentences and to evaluate their effectiveness in reducing recidivism in Canada. This law recognizes that each offender has unique circumstances, and limitations that require individualized assessment to facilitate their rehabilitation and reintegration back into society. Ultimately, this section recognizes that punishment is not a one-size-fits-all solution. Rehabilitation of the offender is as critical as justice for the victim.
STRATEGY
Section 732(1) of the Criminal Code of Canada provides the court with the discretion to order that a sentence of imprisonment of ninety days or less be served intermittently. This means that the offender may serve their sentence on weekends or specific days during the week. Additionally, the court may require that the offender comply with probation conditions when they are not in confinement during their designated time to complete their sentence. This is an important section of the Criminal Code that offers an alternative sentencing option to the traditional approach of serving a sentence consecutively. Strategic Considerations When dealing with Section 732(1) of the Criminal Code, there are several strategic considerations that should be taken into account. Firstly, it is important to determine whether intermittent sentencing is an appropriate option for the offender in question. Factors to consider include the nature of the offence, the offender's criminal history, and their ability to comply with probation conditions. Another strategic consideration is ensuring that appropriate accommodation is available for the offender during their designated time for serving their sentence. This may involve coordinating with correctional facilities, probation officers, and community resources to ensure that the offender has a safe and suitable place to stay during their weekends or designated days. A third consideration is the impact that intermittent sentencing may have on the offender's employment and family obligations. Offenders may have jobs that require them to work on weekends, or they may have family responsibilities that cannot be fulfilled if they are required to serve a sentence on weekends. In such cases, the offender may seek an alternative option such as community service, fines, or a longer sentence served consecutively. Strategies There are several strategies that can be employed when dealing with Section 732(1) of the Criminal Code. One strategy is to negotiate with the prosecution to have the charges reduced to an offence that carries a sentence that falls within the intermittent sentencing range. This may involve pleading guilty to a lesser offence or negotiating a plea deal. Another strategy is to provide evidence of the offender's age, character, and circumstances surrounding the offence to demonstrate that intermittent sentencing is appropriate. This may involve presenting character witnesses, employment records, and other evidence to show that the offender is a low risk to reoffend and that serving their sentence intermittently will not pose a risk to public safety. A third strategy is to work with community resources to ensure that the offender has appropriate accommodation during their designated time for serving their sentence. This may involve coordinating with community organizations that offer housing and support services to offenders. Conclusion Section 732(1) of the Criminal Code of Canada provides an alternative sentencing option to traditional consecutive sentences for minor offences. When dealing with this section, it is important to consider the nature of the offence, the offender's criminal history, their ability to comply with probation conditions, and the availability of appropriate accommodation. Strategies such as negotiating with the prosecution, providing evidence of the offender's character and circumstances, and working with community resources can be employed to ensure that intermittent sentencing is a viable option for the offender in question.