fine as a sentencing option in Canada
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fine as a sentencing option in Canada

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Published by Dept. of Justice Canada, Research and Development Directorate, Policy, Programs and Research Branch in [Ottawa] .
Written in English


  • Sentences (Criminal procedure) -- Canada.

Book details:

Edition Notes

Other titlesL"amende comme option de détermination de la peine au Canada.
StatementSimon Verdun-Jones and Teresa Mitchell-Banks.
SeriesResearch reports of the Canadian Sentencing Commission
ContributionsMitchell-Banks, Teresa Ruth., Canadian Sentencing Commission., Canada. Dept. of Justice. Policy, Programs and Research Branch. Research and Development Directorate.
LC ClassificationsKE9355 .V47 1988
The Physical Object
Pagination92 p. ;
Number of Pages92
ID Numbers
Open LibraryOL19878241M
ISBN 100662158709

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(4) Where, by virtue of subsection (2) [when fine proceeds go to receiver general for Canada], the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1) [fine option program – power to discharge fine], where an. In Canada, the criminal law is governed by the Criminal Code, a federal Criminal Code includes the principles and powers in relation to criminal sentences. A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence about what the appropriate.   Author of Views of sentencing, Information systems for sentencing guidelines, Sentencing in the media, Sentencing, opinion survey of non-jurist professionals and practitioners, The fine as a sentencing option in Canada, Alternatives to incarceration / sentencing option programmes, Justice in sentencing, The role of an appellate court in developing sentencing guidelines. Apart from the traditional sentencing choices of incarceration and fines the Criminal Code of Canada provides judges with a number of other sentencing options including: fine option programs (a period of community service in lieu of paying a fine);.

This option, which is based on proposals made by the Canadian Sentencing Commission, called for the development of sentencing principles mandating that the sentence a court imposes must be proportional to the degree of responsibility of the offender for the offense. It included a number of factors for the court to consider in determining a. Legislation []. Assault with a weapon or causing bodily harm Every one who, in committing an assault, (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen Election: Hybrid.   A period in jail, a fine, a period of probation, a conditional or absolute discharge are some of the common sentences judges can impose. A period in jail is probably the most known type of sentence which is an option for almost every criminal offence in Canada. There is a maximum jail sentence for most offences. With respect to sentencing, the $1, fine maximum applicable to Part I offences does not apply under Part III, and imprisonment is a sentencing option.[87] Part IV – Trial and Sentencing Part IV of the Act covers the conduct of a trial and sentencing in POA proceedings.[88].

Conditional release orders (CROs) were introduced as a sentencing option on 24 September by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act They replace the good behaviour bonds which could be imposed with or without conviction under either ss 9 or 10(1)(b) Crimes (Sentencing Procedure) Act as in force before that date. consultation with the Sentencing Commission, this focus was defined to be alternative sentencing option programmes. However, when introducing the topic for discussion in the field, it often had to be prefaced with reference to the more widely recognized and conventional term of . Fine Option Program. Under s. (5), the fine options program is not eligible. Priority of Orders. A concurrent restitution order can be ordered to take precedent over a fine in lieu of forfeiture. Payments made to a restitution order can be used to offset the amount of the fine. 13) One of Canada's newest sentencing options, introduced in , allows offenders to serve their sentence in the community. This option is referred to as: a. restitution b. an absolute discharge c. a conditional discharge d. specific deterrence e. a conditional sentence.