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Dangerous Offender Law

Conceived as a result of the decision in R. v. Boutilier, this book aims to fill the need for a straightforward and accessible guide to Part XXIV of the Criminal Code that fosters understanding and consistency in its interpretation and application.
Publication Language: English
Book
$135.00
Quantity

Softcover | Approx. 670 pages

This Product is on PreOrder
Published: December 31, 2021
ISBN/ISSN: 9780433478249

Product description

This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.

To provide a complete picture of this multifaceted topic, the authors have included the key case law relevant to each section, as well as insightful commentary. The result is a systematic and up-to-date review of the dangerous and long-term offender regimes in Canada, provided by counsel with a wealth of experience and expertise.

Dangerous Offender Law is a useful manual – and valuable reference book – for all criminal justice participants, from judges, lawyers and law students, to risk assessors (usually psychologists or psychiatrists), to law enforcement, corrections and parole personnel, to complainants and witnesses, to offenders themselves. Generally, anyone involved or interested in this specialized area of Canadian criminal law will find this volume to be an illuminating and insightful resource.

 

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Table of contents

Introduction

The current (post-2008) regime

Chapter 1: Interpretation
[1] Court
[2] Designated offence
[3] Long-term supervision
[4] Primary designated offences
[5] Serious personal injury offences

Chapter 2: Application for remand for assessment
[1] The prosecutor’s duty
[2] Application for assessment
[3] The assessment report
[4] Extension of time

Chapter 3: Designation as dangerous offender
[1] Designation
[2] Presumption
[3] Timing
[4] Delayed application

Chapter 4: Sentencing dangerous offenders
[1] Sentencing options
[2] Indeterminate sentence
[3] Application made after regular sentencing
[4] Where offender not dangerous

Chapter 5: Reassessment upon later conviction
[1] Reassessment
[2] Use of victim evidence

Chapter 6: Long-term offenders
[1] Application
[2] Presumption of substantial risk (Subsection 753.1(2))
[3] Sentence for a long-term offender
[4] Exception
[5] Where not a long-term offender

Chapter 7: Long-term supervision
[1] Supervision in the community

Chapter 8: Breaches of LTSO
[1] Non-compliance
[2] Trial and punishment
[3] Interruption of long-term supervision
[4] Reduction in term

Chapter 9: The hearing
[1] Conditions precedent
[2] Length of LTSO
[3] Character evidence
[4] Presence of accused

Chapter 10: Appeals

Chapter 11: Post-hearing matters
[1] Disclosure to CSC
[2] Parole Board review
[3] Older cases

Appendices