| 743.
Imprisonment when no other provision - Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years. |
| R.S., 1985, c. C-46, s. 743; 1992, c. 11, s. 16; 1995, c. 22, s. 6.
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| 743.1
(1) Imprisonment for life or more than two years
- Except where otherwise provided, a person who is sentenced to imprisonment for
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| (a) |
life,
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| (b) |
a term of two years or more, or
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| (c) |
two or more terms of less than two years each that are to be served one after the other and that, in the aggregate, amount to two years or more,
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| shall be sentenced to imprisonment in a penitentiary.
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(2) Subsequent term less than two years
- Where a person who is sentenced to imprisonment in a penitentiary is, before the expiration of that sentence, sentenced to imprisonment for a term of less than two years, the person shall serve that term in a penitentiary, but if the previous sentence of imprisonment in a penitentiary is set aside, that person shall serve that term in accordance with subsection (3). |
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(3) Imprisonment for term less than two years - A person who is sentenced to imprisonment and who is not required to be sentenced as provided in subsection (1) or (2) shall, unless a special prison is prescribed by law, be sentenced to imprisonment in a prison or other place of confinement, other than a penitentiary, within the province in which the person is convicted, in which the sentence of imprisonment may be lawfully executed. |
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(3.1) Long-term supervision - Notwithstanding subsection (3), an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) and who is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary. |
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(4) Sentence to penitentiary of person serving sentence elsewhere
- 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 serving when sentenced to the penitentiary as well as the term of imprisonment for which that person was sentenced to the penitentiary. |
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(5) Transfer to penitentiary - Where, at any time, a person who is imprisoned in a prison or place of confinement other than a penitentiary is subject to two or more terms of imprisonment, each of which is for less than two years, that are to be served one after the other, and the aggregate of the unexpired portions of those terms at that time amounts to two years or more, the person shall be transferred to a penitentiary to serve those terms, but if any one or more of such terms is set aside or reduced and the unexpired portions of the remaining term or terms on the day on which that person was transferred under this section amounted to less than two years, that person shall serve that term or terms in accordance with subsection (3). |
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(6) Newfoundland
- For the purposes of subsection (3), "penitentiary" does not, until a day to be fixed by order of the Governor in Council, include the facility mentioned in subsection 15(2) of the Corrections and Conditional Release Act.
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| 1992, c. 11, s. 16; 1995, c. 19, s. 39, c. 22, s. 6; 1997, c. 17, s. 1.
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| 743.2
Report by court to Correctional Service - A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, and any other information relevant to administering the sentence or committal.
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| 1995, c. 22, s. 6. |
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| 743.3
Sentence served according to regulations - A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.
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| 1995, c. 22, s. 6. |
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| 743.4
(1) Transfer of young person to place of custody
- Where a young person is sentenced to imprisonment under this
or any other Act of Parliament, the young person may, with the consent
of the provincial director, be transferred to a place of custody for any
portion of the young person's term of imprisonment, but in no case shall
that young person be kept in a place of custody under this section after
that young person attains the age of twenty years. |
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(2) Removal of young person from place of custody - Where the provincial director certifies that a young person transferred to a place of custody under subsection (1) can no longer be held therein without significant danger of escape or of detrimentally affecting the rehabilitation or reformation of other young persons held therein, the young person may be imprisoned during the remainder of his term of imprisonment in any place where that young person might, but for subsection (1), have been imprisoned. |
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(3) Words and expressions
- For the purposes of this section, the expressions "provincial director" and "young person" have the meanings assigned by subsection 2(1) of the Young Offenders Act, and the expression "place of custody" means "open custody" or "secure custody" within the meaning assigned by subsection 24.1(1) of that Act.
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| 1995, c. 22, s. 6. |
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| 743.5
(1) Transfer of jurisdiction - Where a person is or has been sentenced for an offence while subject to a disposition made under paragraph 20(1)(j), (k) or (k.1) of the Young Offenders Act, on the application of the Attorney General or the Attorney General's agent, a court of criminal jurisdiction may, unless to so order would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act. |
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(2) Whether sentence to be served concurrently or consecutively
- Where an order is made under subsection (1), in respect of a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, the remaining portion of the disposition to be served pursuant to the order shall be served concurrently with the sentence referred to in subsection (1), where it is a term of imprisonment, unless the court making the order orders that it be served consecutively. |
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(3) Remaining portion deemed to constitute one sentence - For greater certainty, the remaining portion of the disposition referred to in subsection (2) shall, for the purposes of section 139 of the Corrections and Conditional Release Act and section 743.1 of this Act, be deemed to constitute one sentence of imprisonment.
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| 1995, c. 22, ss. 6, 19, 20. |
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