INTRODUCTION AND BRIEF DESCRIPTION
If no request or order for a hearing is made within the specified time period, a proposed change takes effect after 14 days and the supervisor must notify the offender and file proof with the court.
SECTION WORDING
742.4(4) Where no request or order for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect fourteen days after the receipt by the court of the notification referred to in subsection (1), and the supervisor shall so notify the offender and file proof of that notification with the court.
EXPLANATION
Section 742.4(4) of the Criminal Code of Canada is a provision that outlines the process of implementing a proposed change to an offender's sentence. It outlines the time period within which a request or order for a hearing must be made, failing which the proposed change takes effect after a period of fourteen days from the date of receipt of the notification referred to in subsection (1). This section is relevant in cases where the offender has been placed under supervision as part of their sentence. It gives the supervisor the power to make recommendations for changes to the conditions of the offender's supervision, which may include the types of activities the offender is allowed to participate in, the places the offender is permitted to go, and their interaction with other people. Under subsection (2), the offender is given the right to request a hearing to contest the proposed changes. Moreover, the court may order a hearing on its own initiative if it considers that the proposed changes are necessary or appropriate. However, if no request for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect after fourteen days from the date of receipt, and the supervisor is required to notify the offender of the change and file proof of that notification with the court. Overall, Section 742.4(4) of the Criminal Code of Canada plays an essential role in protecting the rights of offenders while at the same time ensuring that necessary changes can be made to their supervision for the sake of public safety.
COMMENTARY
Section 742.4(4) of the Criminal Code of Canada is a significant provision that outlines the process through which proposed changes to a sentence or release conditions can take effect if the individual does not request or order a hearing within the stipulated time period. This provision plays an important role in ensuring that the criminal justice system operates efficiently and effectively while also providing offenders with the opportunity to request a hearing should they wish to contest any proposed changes. The provision stipulates that if an offender receives notification of a proposed change to their sentence or release conditions, and they do not request or order a hearing within the timeframe specified in subsection (2), the change will take effect after fourteen days. This means that if an offender is not satisfied with the proposed change and wishes to request a hearing to contest it, they must do so within the specified timeframe, failing which, the proposed change will become effective. One of the primary benefits of this provision is that it helps to ensure that proposed changes to an offender's sentence or release conditions are implemented in a timely manner. This is important because any delays in implementing these changes can have significant consequences for both the offender and the broader criminal justice system. For example, delays in implementing a change to a release condition could lead to an offender continuing to be held in custody when they would otherwise be eligible for release. By imposing a timeframe on offenders to request a hearing, this provision helps to ensure that proposed changes are implemented expediently, which can benefit both the offender and the justice system as a whole. Another important benefit of this provision is that it provides offenders with a clear and transparent process for contesting proposed changes to their sentence or release conditions. By specifying the timeframe within which an offender must request a hearing, the provision ensures that offenders are aware of their rights and have the opportunity to exercise them if they so choose. This can help to promote a sense of fairness and justice among offenders, which is an important aspect of the criminal justice system as a whole. One potential limitation of this provision is that it may be difficult for offenders to access legal advice or assistance within the specified timeframe if they wish to request a hearing. This could be particularly problematic for offenders who are not familiar with the criminal justice system or who have limited resources or access to legal assistance. In such cases, the provision could unfairly disadvantage these individuals and undermine their ability to contest proposed changes to their sentence or release conditions. In conclusion, section 742.4(4) of the Criminal Code of Canada is an important provision that outlines the process through which proposed changes to an offender's sentence or release conditions can take effect in the absence of a hearing request. The provision helps to ensure that changes are implemented in a timely manner and provides offenders with a clear and transparent process for contesting proposed changes. While there may be some limitations to the provision, overall, it plays an important role in promoting efficiency and fairness in the criminal justice system.
STRATEGY
Section 742.4(4) of the Criminal Code of Canada sets forth the timeframe for making a request or order for a hearing in relation to the proposed changes to an offender's conditions of release, and what happens when such a request or order is not made within the stipulated time. With the purpose of providing guidance on the strategic considerations when dealing with this section of the Criminal Code of Canada, this essay will discuss the importance of being proactive in seeking a hearing, the potential consequences of failing to do so, and the strategies that could be employed. Firstly, it is crucial to be proactive when dealing with this section. Any proposed changes to an offender's conditions of release can have a significant impact on their life and freedom. Therefore, it is essential not to take a passive approach, but instead to carefully review any proposed changes and assess their potential impact. If necessary, it is essential to seek legal advice to ensure that the proposed changes are in the best interests of the offender. This approach would help ensure that the offender is not caught off guard by any unexpected changes, and the defence counsel has ample time to respond. Secondly, failing to make a request or order for a hearing within the stipulated time frame can have serious consequences for an offender. In such cases, the proposed changes take effect fourteen days after the receipt by the court of the notification as referred in subsection (1). Therefore, offenders may suddenly find themselves subject to new conditions that can significantly impact their life, liberty, and reputation. In this regard, it is important to note that courts may refuse requests to overturn the changes if it appears that the offender was aware of the proposed changes but failed to act promptly. Thirdly, various strategies could be employed to mitigate the risk of adverse consequences under this section. One possible strategy would be to promptly request or order a hearing as soon as the proposed changes are received. Doing so would help ensure that the proposed changes are carefully reviewed and assessed. Additionally, requesting or ordering a hearing would also provide the offender with an opportunity to be heard on the matter and present evidence to support their position. Another strategy would be to engage the prosecutor or supervisor and attempt to negotiate the proposed changes to obtain more favourable conditions. This approach is particularly effective in cases where the proposed changes are minor or non-controversial. Negotiation can help to resolve the matter without the need for a hearing, thereby saving time and resources. In conclusion, the strategic considerations when dealing with Section 742.4(4) of the Criminal Code of Canada are numerous. Being proactive, reviewing any proposed changes carefully, seeking legal advice, requesting or ordering a hearing promptly, negotiating with the prosecution, and presenting evidence are all strategies that could be employed. Ultimately, the goal should be to ensure that the proposed changes are in the best interests of the offender and are fair and reasonable under the circumstances.