INTRODUCTION AND BRIEF DESCRIPTION
Courts can exercise all functions under this section in chambers.
SECTION WORDING
742.4(6) All the functions of the court under this section may be exercised in chambers.
EXPLANATION
Section 742.4(6) of the Criminal Code of Canada provides for the exercise of all functions of the court in chambers, under the conditions specified in the section. This section pertains to the sentencing of offenders who are convicted of certain offences, and who are eligible for the administration of a conditional sentence order (CSO) by the court. A CSO is a non-custodial form of sentence, which allows offenders to serve their sentence in the community, subject to certain conditions. The purpose of a CSO is to encourage the rehabilitation of offenders and to reduce the burden on the correctional system by providing an alternative to imprisonment. Under Section 742.4 of the Criminal Code of Canada, the court is authorized to order a CSO in certain circumstances, subject to the condition that the offender meets the eligibility criteria, and that the court is satisfied that a CSO is consistent with the fundamental purpose of sentencing. Section 742.4(6) specifies that all the functions of the court under this section may be exercised in chambers, which implies that the court is not required to hear evidence or submissions in open court before making an order for a CSO. This provision promotes efficiency and expediency in the administration of justice, as it allows the court to make a decision on a CSO order quickly and without the need for a formal hearing. However, it is important to note that the court still retains discretion in the exercise of its functions under this section. It may still require evidence or submissions from the parties, or may decide to hold a hearing in open court if it deems it necessary or appropriate. In conclusion, Section 742.4(6) of the Criminal Code of Canada allows the court to exercise all the functions related to the sentencing of offenders for whom a CSO is a suitable alternative, in chambers. This provision facilitates the administration of justice, while still allowing the court to exercise discretion in determining the appropriate sentence for the offender.
COMMENTARY
Section 742.4(6) of the Criminal Code of Canada allows all the functions of the court under this section to be exercised in chambers. The purpose of this section is to provide an alternative way of carrying out the functions of the court in a more efficient and streamlined manner. The court may use chambers to hear all the evidence, do the legal research and make the final decision on the sentence of an offender. This section acts as a mechanism to ensure efficient administration of the sentence, as it eliminates the necessity of a full hearing in an open court. This means that it can reduce the time and cost involved in conducting a full hearing, while still ensuring that the offender is held accountable for their actions. The use of chambers also provides a less stressful environment for the offender, given that they are not subjected to the same level of scrutiny as they would be in an open court. The use of chambers has several benefits. Firstly, it allows for an expedited process for the offender, as they can receive their sentence more quickly, thus reducing the amount of time they spend in custody. Additionally, it also reduces the burden on the courts by alleviating the need for a full hearing and reducing the associated costs. Moreover, this section provides an alternative way for sentencing in cases where the offender may not be able to appear in open court, such as in cases where the offender is physically or mentally unwell, or where the presence of the offender in open court may cause a disturbance. There are circumstances under which it may not be appropriate to use chambers, such as in cases where the offender is demanding a full hearing, or where the offence is particularly complex and requires a more thorough examination of the facts. In addition, there may be situations where there is a need for the public to have access to the proceedings and to the sentencing decision. In conclusion, Section 742.4(6) of the Criminal Code of Canada provides the court with an alternative way of carrying out the functions of the court in a more efficient and streamlined manner. It allows for an expedited sentencing process, which can reduce the time and costs involved in conducting a full hearing. However, it is crucial to balance the benefits of using chambers against the potential drawbacks, such as the need for public access to the proceedings or the offender's desire for a full hearing. Overall, the decision to use chambers should be made on a case-by-case basis, taking into account the specific circumstances of the case and considering the interests of both the offender and the public.
STRATEGY
Section 742.4(6) of the Criminal Code of Canada allows for all functions of the court under this section to be exercised in chambers. This provides an opportunity for strategic considerations when dealing with this section of the Criminal Code. One of the primary strategic considerations is the potential advantages of seeking to have the court exercise its functions in chambers rather than in open court. Chambers proceedings are typically less public and more informal than open court proceedings. This can be advantageous in certain circumstances, such as where sensitive or confidential information about an accused or victim may be presented during the proceedings. Another important consideration is the potential impact that chambers proceedings can have on the outcome of a case. Chambers proceedings are typically less formal than open court proceedings, which can lead to a more flexible approach by the court and a greater opportunity to engage in negotiation or settlement discussions with the other side. This can be particularly useful where a quick resolution is desirable, or where the parties wish to avoid the time and expense of a full trial. There are several strategies that could be employed when dealing with section 742.4(6) of the Criminal Code. One possible strategy is to request that a particular issue be addressed in chambers, rather than in open court. This could be done for a variety of reasons, such as to protect sensitive information or to facilitate negotiation or settlement discussions with the other side. Another strategy is to use the option of chambers proceedings as a bargaining tool in negotiations with the prosecution. For example, the defence could offer to agree to certain conditions or restrictions if the prosecution agrees to have certain proceedings conducted in chambers. This could potentially lead to a more favourable outcome for the accused. Finally, certain types of cases may be particularly well-suited to chambers proceedings, such as cases involving complex legal issues or cases where the accused has a significant mental health or cognitive impairment. In these cases, the more informal and flexible approach of chambers proceedings may allow for a more nuanced and effective approach to resolving the case. In conclusion, there are many strategic considerations when dealing with section 742.4(6) of the Criminal Code of Canada. By carefully considering the potential advantages and disadvantages of chambers proceedings, and by employing effective strategies, accused parties and their legal representatives can increase the likelihood of achieving a favourable outcome.