6.5 Process for Presumptively Eligible Status for a Dangerous Offender or Long Term Offender Designation
Public Prosecution Service of Canada Deskbook
Guideline of the Director Issued under Section 3(3)(c) of the Director of Public Prosecutions Act
March 1, 2014
Table of Contents
During initial file review, counsel should always be prepared to assess the feasibility of whether or not an offender could be declared a dangerous offender (DO) or long term offender (LTO), paying particular attention to the criteria needed by the court to make such a designation pursuant to s. 752 of the Criminal Code (Code).
On July 2, 2008, Bill C-2 came into force imposing a new duty on prosecutors in some circumstances to advise the court as soon as feasible after the finding of guilt and before sentence whether the prosecutor intends to make an application under s. 752.1 of the Code to have the offender remanded for an assessment for use as evidence in a DO or LTO application.
Section 752.01 of the Code states:
“If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1).”
2. Suggested Approach
Crown counsel are required to identify all prospective files for a possible DO or LTO designation at the bail hearing or charge screening stage as considerable time is needed for adequate preparation and information gathering.
All files identified through the National Flagging System or identified through normal file review that meet the appropriate criteria for consideration must be brought to the attention of a member of the regional management team, or designate, as soon as practicable.
A member of the regional management team or designate will review the file in accordance with applicable PPSC policies or guidelines.
Management will then assign the file to designated counsel who will be responsible for gathering and reviewing all the relevant information and documentation needed.
The designated counsel then has an ongoing obligation to keep the Chief Federal Prosecutor (CFP) fully informed as to the progress with respect to the file and the decision whether to proceed or not must be made in consultation with the CFP.
If the decision is made to proceed, the designated counsel will make an assessment application under s. 752.1 of the Code at the appropriate time after there has been a finding of guilt and before sentencing.
Once the Assessment Report has been received and reviewed, designated counsel will prepare a written memo to the CFP setting out the reasons for requesting a dangerous offender or long term offender designation.
The CFP will review the memo, sign off on it if appropriate and provide a copy of it, together with the completed Assessment Report to the appropriate Deputy Director of Public Prosecutions for his or her consideration pursuant to the PPSC Deskbook guideline
“3.5 Delegated Decision-Making”.
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