Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Submissions, investigation and report
2019, c.4, s.7
49(1)A judge shall, before imposing a sentence or calculating the surcharge under subsection 46(1),
(a) give the prosecutor an opportunity to make submissions as to the sentence or the surcharge,
(b) if the defendant is represented by counsel or agent, give the defendant’s counsel or agent an opportunity to make submissions as to the sentence or the surcharge,
(c) if the defendant is present in court, ask the defendant if the defendant has anything to say before the sentence is imposed or the surcharge is calculated, and
(d) if the defendant does not appear but has delivered to the court a signed plea of guilty form, take into consideration any statement of facts the defendant has submitted with the signed plea of guilty form.
49(2)A judge may, before imposing the sentence or calculating the surcharge,
(a) make such inquiries, on oath or solemn affirmation or otherwise, of and concerning the defendant as the judge considers desirable, including inquiries concerning the economic circumstances of the defendant, but the defendant shall not be compelled to answer, and
(b) request an investigation and a report in accordance with section 11 of the Corrections Act.
49(3)The report submitted to the judge under paragraph (2)(b) shall form part of the record of the proceedings.
2011, c.20, s.17; 2019, c.4, s.8
Submissions as to sentence and investigation and report on request by judge
49(1)A judge shall, before imposing sentence,
(a) give the prosecutor an opportunity to make submissions as to sentence,
(b) if the defendant is represented by counsel or agent, give the defendant’s counsel or agent an opportunity to make submissions as to sentence,
(c) if the defendant is present in court, ask the defendant if the defendant has anything to say before sentence is imposed, and
(d) if the defendant does not appear but has delivered to the court a signed plea of guilty form, take into consideration any statement of facts the defendant has submitted with the signed plea of guilty form.
49(2)A judge may, before imposing sentence,
(a) make such inquiries, on oath or solemn affirmation or otherwise, of and concerning the defendant as the judge considers desirable, including inquiries concerning the economic circumstances of the defendant, but the defendant shall not be compelled to answer, and
(b) request an investigation and a report in accordance with section 11 of the Corrections Act.
49(3)The report submitted to the judge under paragraph (2)(b) shall form part of the record of the proceedings.
2011, c.20, s.17
Submissions as to sentence and investigation and report on request by judge
49(1)A judge shall, before imposing sentence,
(a) give the prosecutor an opportunity to make submissions as to sentence,
(b) if the defendant is represented by counsel or agent, give the defendant’s counsel or agent an opportunity to make submissions as to sentence,
(c) if the defendant is present in court, ask the defendant if the defendant has anything to say before sentence is imposed, and
(d) if the defendant does not appear but has delivered to the court a signed plea of guilty form, take into consideration any statement of facts the defendant has submitted with the signed plea of guilty form.
49(2)A judge may, before imposing sentence,
(a) make such inquiries, on oath or solemn affirmation or otherwise, of and concerning the defendant as the judge considers desirable, including inquiries concerning the economic circumstances of the defendant, but the defendant shall not be compelled to answer, and
(b) request an investigation and a report in accordance with section 11 of the Corrections Act.
49(3)The report submitted to the judge under paragraph (2)(b) shall form part of the record of the proceedings.
2011, c.20, s.17
Submissions as to sentence and investigation and report on request by judge
49(1)A judge shall, before imposing sentence,
(a) give the prosecutor an opportunity to make submissions as to sentence,
(b) if the defendant is represented by counsel or agent, give the defendant’s counsel or agent an opportunity to make submissions as to sentence,
(c) if the defendant is present in court, ask the defendant if the defendant has anything to say before sentence is imposed, and
(d) if the defendant does not appear but has delivered to the court a signed plea of guilty form, take into consideration any statement of facts the defendant has submitted with the signed plea of guilty form.
49(2)A judge may, before imposing sentence,
(a) make such inquiries, on oath or solemn affirmation or otherwise, of and concerning the defendant as the judge considers desirable, including inquiries concerning the economic circumstances of the defendant, but the defendant shall not be compelled to answer, and
(b) request an investigation and a report in accordance with section 7 of the Corrections Act.
49(3)The report submitted to the judge under paragraph (2)(b) shall form part of the record of the proceedings.