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Section 149 (1
- Section 149 (1) of the Criminal Code of Canada allows a court to order that a person who escapes from imprisonment serve their sentence in a penitentiary, even if their sentence is less than two years.
www.criminal-code.ca/criminal-code-of-canada-section-149-1-service-of-term-for-escape/index.htmlCriminal Code of Canada - section 149(1) - Service of Term ...
Sentences under two years are served in a provincial or territorial jail while those of 2 years or greater are served in the federal penitentiary. This is determined by s. 743.1 which states: 743.1 (1) Except where otherwise provided, a person who is sentenced to imprisonment for. (a) life, (b) a term of two years or more, or. (c) two or more ...
Section 149(1) of the Criminal Code of Canada applies when a person is convicted of an escape committed while undergoing imprisonment. This provision empowers the court to order that the remaining term of imprisonment be served in a penitentiary, even if the sentence is less than two years.
- Absolute Or Conditional Discharge
- Suspended Sentence and Probation
- Fine
- Conditional Sentence
- Imprisonment
- Intermittent Sentence
- Indeterminate Sentence For Dangerous Offenders
- Life Sentences
- Victim Surcharge
- Restitution
The Court can order that an accused be discharged of an offence after a finding of guilt, and no conviction will be registered. Conditional or absolute discharges may only be ordered for less serious offences. The Court has the option of imposing: 1. a conditional discharge: this adds specific conditions, or rules, to address the accused's conduct ...
The Court may choose to put off or suspend imposing a sentence and release the offender on probation for a specified length of time. The Court may also include a fine or conditional discharge with the probation order. A person on probation remains out of custody but is supervised by a probation officer and must follow any conditions included in the...
A fine is a set amount of money that the offender pays to the Court as a penalty for committing a criminal offence. A fine may be combined with another penalty, such as imprisonment or probation. Failing to pay the fine may lead to a civil judgment against the accused. There are several ways to enforce the payment of fines. For instance, an offende...
Where a person is convicted of an offence and the Court imposes a sentence of less than two years' imprisonment, the Court may order that the sentence be served in the community, with certain conditions, instead of jail. The Court must be confident that if the offender serves the sentence in the community, they will not endanger the safety of the p...
Imprisonment is the most serious sentence under our legal system because it deprives a person of their freedom. The Court may sentence a person convicted of an offence to jail. An offender who is sentenced to less than two years serves the sentence in a provincial correctional institution. An offender sentenced to two years or more usually serves t...
Where the Court imposes a sentence of 90 days or less, the Court may order that the sentence be served intermittently, or in blocks of time, such as on weekends. This allows the offender to be released into the community for a specific purpose such as going to work or school or caring for a child or for health concerns. An intermittent sentence mus...
After a special application and hearing, a person who commits an offence that causes serious personal injury (for example, an indictable offence involving the use of violence against another person) may be declared a dangerous offender and sentenced to an indeterminate period of detention. Indeterminate means that the offender's term of imprisonmen...
In Canada, murder is either first or second degree. Persons convicted of either degree of murder must be sentenced to imprisonment for life. Persons convicted of first-degree murder are not eligible for parole until they have served at least 25 years of their sentence. Persons convicted of second-degree murder are not eligible for parole until they...
A victim surcharge must be ordered at sentencing. The amount of the victim surcharge is 30% of any fine that is imposed on an offender. If no fine is imposed, $100 is charged for a summary conviction offence or $200 for an indictable offence. The victim surcharge is paid into provincial and territorial assistance funds to develop and provide progra...
Restitution is the money the Court may order an offender to pay the victim for money that the victim lost as a result of the offender's crime. The Court is required to decide whether to issue a restitution order for all offences. These may include money to repair or replace damaged property. Under Canadian law, the Court can order restitution: 1. a...
149 (1) Notwithstanding section 743.1 [penitentiary for sentences of 2 years or more], a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.
Feb 4, 2019 · 149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.
Imprisonment is the harshest penalty a judge can impose. If you receive a sentence of two years less a day you will be sent to a provincial correctional institution. If you receive a term of more than two years, you will serve your time in a federal penitentiary. Dangerous Offenders Status (Indeterminate Sentence)
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Can a person escape from imprisonment serve a sentence in a penitentiary?
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(4) Where a person is sentenced to imprisonment in a penitentiary while the person is lawfully imprisoned in a place other than a penitentiary, that person shall, except where otherwise provided, be sent immediately to the penitentiary, and shall serve in the penitentiary the unexpired portion of the term of imprisonment that that person was ...
