Bill C-9
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C-9
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-9
An Act to amend the Criminal Code (conditional sentence of imprisonment)
first reading, May 4, 2006
THE MINISTER OF JUSTICE
90369
SUMMARY
This enactment amends section 742.1 of the Criminal Code to provide that a person convicted of an offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more is not eligible for a conditional sentence.
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http://www.parl.gc.ca
1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-9
An Act to amend the Criminal Code (conditional sentence of imprisonment)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1995, c. 22, s. 6; 1997, c. 18, s. 107.1
1. Section 742.1 of the Criminal Code is replaced by the following:
Imposing of conditional sentence
742.1 If a person is convicted of an offence, other than an offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more or an offence punishable by a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years and is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sen- tencing set out in sections 718 to 718.2, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s compliance with the conditions imposed under section 742.3.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Criminal Code
Clause 1: Existing text of section 742.1:
742.1 Where a person is convicted of an offence, except an offence that is punishable by a minimum term of imprisonment, and the court
(a) imposes a sentence of imprisonment of less than two years, and
(b) is satisfied that serving the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2,
the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s complying with the conditions of a conditional sentence order made under section 742.3.