INTRODUCTION AND BRIEF DESCRIPTION
An offender ordered to serve intermittent imprisonment may apply to serve it consecutively instead.
SECTION WORDING
732(2) An offender who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to the prosecutor, apply to the court that imposed the sentence to allow it to be served on consecutive days.
EXPLANATION
Section 732(2) of the Criminal Code of Canada provides an option for offenders who are ordered to serve a sentence of imprisonment intermittently. Intermittent sentences are those in which an offender is allowed to serve their sentence on a part-time basis, such as on weekends or during specific hours of the day. This type of sentence is often used for less severe offenses or for offenders who have family or work obligations. However, this section provides offenders with the option to ask for their sentence to be served on consecutive days instead of intermittently. This may be beneficial for an offender who wishes to complete their sentence as quickly as possible or who may face difficulty juggling family or work responsibilities with an intermittent sentence. In order to apply for a consecutive sentence, the offender must give notice to the prosecutor and make an application to the court that imposed the sentence. The court will consider the offender's request and make a decision based on the circumstances of the case. Overall, Section 732(2) provides flexibility in sentencing for certain offenders while still ensuring that the sentence imposed adequately reflects the seriousness of the offense.
COMMENTARY
Section 732(2) of the Criminal Code of Canada is a provision that allows offenders to serve their sentence of imprisonment intermittently on consecutive days. The section provides an avenue for offenders to request the court that imposed the sentence to allow them to serve their sentence on consecutive days, rather than intermittently. This provision is an important aspect of the Canadian criminal justice system as it provides a degree of flexibility to the justice system and helps ensure that the punishment is appropriate for the offender's specific circumstances. Intermittent sentences are typically ordered for lesser offenses and can range anywhere from weekends only to a few days or weeks at a time. The offender is required to report to a correctional facility at specific intervals to serve their sentence. This type of sentence is often given to first-time offenders or those who have committed minor offenses, such as impaired driving, as a way to allow them to continue working or attending school while also serving their sentence. It is seen as an alternative to full-time imprisonment, which can have a significant impact on an offender's personal and professional life. However, an offender who is ordered to serve an intermittent sentence may find that the sentence disrupts their normal routine and can make it difficult to maintain employment or other commitments. This is where section 732(2) becomes relevant. This provision allows an offender to request that their intermittent sentence be served on consecutive days, which can make it easier to arrange their personal and professional lives around the sentence. The court that imposed the sentence has the authority to grant or deny the request, and the decision will be based on the circumstances of the case and the offender. The prosecutor must be notified of the offender's intention to apply for a consecutive sentence, and the offender must make a formal application to the court. If the court grants the request, the offender will be required to serve their sentence on consecutive days, either by remaining in custody or on house arrest. It is important to note that while section 732(2) provides some flexibility to the justice system, it does not apply to all offenses. The section specifically states that it only applies to offenders who have been ordered to serve a sentence of imprisonment intermittently. Offenders who have received a full-time sentence of imprisonment are not eligible for this provision. In conclusion, section 732(2) of the Criminal Code of Canada provides an essential avenue for offenders to request that their sentence of imprisonment be served on consecutive days rather than intermittently. This provision offers flexibility to the justice system and helps ensure that the punishment fits the offender's specific circumstances. However, it is essential to remember that it only applies to offenders who have received an intermittent sentence and that the decision to grant or deny the request rests solely with the court which imposed the sentence.
STRATEGY
Section 732(2) of the Criminal Code of Canada allows offenders who receive a sentence of intermittent imprisonment to apply to the court to serve it on consecutive days. The existence of this provision provides an opportunity for strategic considerations for both the offenders and the prosecutors. Here are some strategic considerations when dealing with this section of the Criminal Code of Canada: 1. Offender's Perspective From the offender's perspective, the chance to serve a sentence of imprisonment intermittently presents several benefits. Some of these benefits include being able to avoid time in jail, which can have social and economic consequences. An offender who serves an intermittent sentence may be able to maintain income and employment and may continue with their family responsibilities during the non-imprisonment days. Therefore, a strategy for an offender in this situation could be to apply for a sentence of intermittent imprisonment and then to apply to the court to allow them to serve it on consecutive days. This strategy could be useful when the offender wants to complete the sentence quickly without the disruption of a non-imprisonment day between consecutive imprisonment days. 2. Prosecutor's Perspective From a prosecutor's perspective, agreeing to an offender's application to serve their sentence of intermittent imprisonment on consecutive days could be strategic in several circumstances. For example, the prosecutor may want to avoid problems with releasing an offender in between the non-imprisonment days since the offender may not report back as required. Similarly, if the offender has a history of reoffending, a consecutive sentence will help to keep the offender off the streets for a more extended period, which is desirable. Therefore, a prosecutor's strategy in this situation may be to agree to an offender's application to serve the sentence on consecutive days. 3. Timing of the Application. The timing of an offender's application can be strategic. When an offender applies soon after being sentenced, the court can factor it into its sentencing decision. If an offender waits until they have already begun their periodic imprisonment, the court may be less willing to hear such an application. Therefore, timing an application appropriately could be a strategic consideration and a possible strategy. 4. Length of the Sentence The length of the sentence can be significant in whether to apply under section 732(2) or not. When the sentence is too long, e.g., months, consecutive imprisonment could be burdensome. The offender could miss out on job opportunities, income, and family responsibilities. It is essential to balance the benefits of completing the sentence quickly versus the burden of consecutive imprisonment. 5. Court Discretion One crucial strategic consideration is the discretion of the court to grant or refuse an application under section 732(2). The court has discretion on whether to allow the sentence of intermittent imprisonment to be served on consecutive days or not. To increase the chances of success, an offender's application should demonstrate that serving the sentence intermittently on consecutive days is in the good interest of justice, and it allows the offender to comply with the imprisonment while minimizing the disruption of employment, family, and other obligations. In conclusion, applying under section 732(2) of the Criminal Code of Canada requires strategic considerations for both the offenders and prosecutors. The above strategies and considerations could be useful in identifying the benefits and disadvantages of applying under this section and ultimately achieving the desired outcome for the offender's or prosecutor's goal.