C-9 1 39 55-56 Elizabeth II 2006-2007

An Act to amend the Criminal Code (conditional sentence of imprisonment)

An Act to amend the Criminal Code (conditional sentence of imprisonment)

Criminal Code (conditional sentence of imprisonment) 2007 5 31 12 2007 90369

SUMMARY

This enactment amends

section 742.1 of the Criminal Code to provide that a person convicted of a serious personal injury offence as defined in

section 725 of that Act, a terrorism offence or a criminal organization 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.

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

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 a serious personal injury offence as defined in

section 752, a terrorism offence or a criminal organization 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 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 compliance with the conditions imposed under

section 742.3.

Coming into force

This Act comes into force six months after the day on which it receives royal assent.