| Stay of order
pending
appeal
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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.
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(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:
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(e) the conditions prescribed in a probation
order under subsections 732.1(2) and (3)
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(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:
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| Cumulative
punishments
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(4) Where an accused
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(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,
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(b) is convicted of an offence punishable
with both a fine and imprisonment and both
are imposed, or
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(c) is convicted of more offences than one,
and
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(i) more than one fine is imposed,
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(ii) terms of imprisonment for the respec
tive offences are imposed, or
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(iii) a term of imprisonment is imposed in
respect of one offence and a fine is
imposed in respect of another offence,
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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.
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(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:
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| 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).
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| Coming into
force
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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.
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