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Bill C-41

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TABLE OF PROVISIONS OF PART XXIII OF THE CRIMINAL CODE

PART XXIII

SENTENCING

Interpretation
716. Definitions

Alternative Measures
717. When alternative measures may be used

717.1 Records of persons dealt with

717.2 Police records

717.3 Government records

717.4 Disclosure of records

Purpose and Principles of Sentencing
718. Purpose

718.1 Fundamental principle

718.2 Other sentencing principles

Punishment Generally
718.3 Degrees of punishment

719. Commencement of sentence

Procedure and Evidence
720. Sentencing proceedings

721. Report by probation officer

722. Victim impact statement

722.1 Copies of documents

723. Submissions on facts

724. Information accepted

725. Other offences

726. Offender may speak to sentence

726.1 Relevant information

726.2 Reasons for sentence

727. Previous conviction

728. Sentence justified by any count

729. Proof of certificate of analyst

Absolute and Conditional Discharges
730. Absolute and conditional discharge

Probation
731. Making of probation order

731.1 Firearm, etc., prohibitions

732. Intermittent sentence

732.1 Definitions

732.2 Coming into force of order

733. Transfer of order

733.1 Failure to comply with probation order

Fines and Forfeiture
734. Power of court to impose fine

734.1 Terms of order imposing fine

734.2 Proceedings on making order

734.3 Change in terms of order

734.4 Proceeds to go to provincial treasurer

734.5 Licences, permits, etc.

734.6 Civil enforcement of fines, forfeiture

734.7 Warrant of committal

734.8 Definition of ``penalty''

735. Fines on corporations

736. Fine option program

737. Victim fine surcharge

Restitution
738. Restitution to victims of offences

739. Restitution to persons acting in good faith

740. Priority to restitution

741. Enforcing restitution order

741.1 Notice of orders of restitution

741.2 Civil remedy not affected

Conditional Sentence of Imprisonment
742. Definitions

742.1 Imposing of conditional sentence

742.2 Firearm, etc., prohibitions

742.3 Compulsory conditions of conditional sentence order

742.4 Supervisor may propose changes to optional conditions

742.5 Transfer of order

742.6 Procedure on breach of condition

742.7 Where person imprisoned for new offence

Imprisonment
743. Imprisonment when no other provision

743.1 Imprisonment for life or more than two years

743.2 Report by court to Correctional Service

743.3 Sentence served according to regulations

743.4 Transfer of young person to place of custody

743.5 Transfer of jurisdiction

Eligibility for Parole
743.6 Power of court to delay parole

Delivery of Offender to Keeper of Prison
744. Execution of warrant of committal

Imprisonment for Life
745. Sentence of life imprisonment

745.1 Persons under eighteen

745.2 Recommendation by jury

745.3 Persons under eighteen

745.4 Ineligibility for parole

745.5 Idem

745.6 Application for judicial review

746. Time spent in custody

746.1 Parole prohibited

Hospital Orders
747. Definitions

747.1 Court may make a hospital order

747.2 Recommended treatment facility

747.3 Condition

747.4 Exception

747.5 Offender to serve remainder of sentence

747.6 Detention to count as service of term

747.7 Application of section 12 of Corrections and Conditional Release Act

747.8 Copy of warrant and order given to prison and hospital

Pardons and Remissions
748. To whom pardon may be granted

748.1 Remission by Governor in Council

749. Royal prerogative

Disabilities
750. Public office vacated for conviction

Miscellaneous Provisions
751. Costs to successful party in case of libel

751.1 How recovered