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Bill C-17

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Stay of order pending appeal

261. (1) Where an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any order under subsection 259(1) or (2) arising out of the conviction or discharge shall, on such conditions as the judge or court may impose, be stayed pending the final disposi tion of the appeal or until otherwise ordered by that court.

    (b) on the later of the coming into force of that section and of this paragraph, para graph 683(5)(e) of the Criminal Code, as enacted by subsection 97(2) of this Act, is replaced by the following:

    (e) the conditions prescribed in a probation order under subsections 732.1(2) and (3)

    (c) on the later of the coming into force of that section and of this paragraph, sub section 718.3(4) of the Criminal Code is replaced by the following:

Cumulative punishments

(4) Where an accused

    (a) is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed,

    (b) is convicted of an offence punishable with both a fine and imprisonment and both are imposed, or

    (c) is convicted of more offences than one, and

      (i) more than one fine is imposed,

      (ii) terms of imprisonment for the respec tive offences are imposed, or

      (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence,

the court that sentences the accused may di rect that the terms of imprisonment that are imposed by the court or result from the opera tion of subsection 734(4) shall be served con secutively.

    (d) on the later of the coming into force of that section and of this paragraph, sub section 730(1) of the Criminal Code is replaced by the following:

Conditional and absolute discharge

730. (1) Where an accused, other than a corporation, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

COMING INTO FORCE

Coming into force

142. This Act or any of its provisions or any provision of any Act enacted by this Act shall come into force on a day or days to be fixed by order of the Governor in Council.