Long-Term Offender Orders

AuthorSteve Coughlan/Alex Gorlewski
Pages404-409
404 Post-trial Matters / Special Post-conviction Procedures
4.2(h) Long-Term Ofender Orders
Long-term ofender order
available
Of what kind of oence has the oender been convicted?1
Yes
No
Section 753.1(2)(a)
ofence
Serious personal
injury ofence
Any other
ofence
Would it be appropriate to imprison the
oender for at least two years?2
Is there a substantial risk that the
oender will reoend?3
No
Yes
Is there a reasonable possibility of
controlling the risk in the community?4
Yes
Long-term ofender order
unavailable
No
Long-term oender orders are both like and unlike dangerous-oender orders.
Both are legal mechanisms allowing the state to exert control over an accused
for a longer period of time than would simply sentencing them for the partic-
ular oence that brings them to court. Dangerous-oender orders, however,
accomplish that goal by placing the accused in custody for an extended period
(see Chart 4.2(g), Dangerous-Oender Orders). In contrast, long-term oender
orders accomplish the goal by supervising the accused in the community for
an extended period of time after they have served an initial custodial sentence.
Section 753.1(1) of the Criminal Code, RSC 1985, c C-46 [Code] allows a court to
nd that an oender is a long-term oender if it is satised that:

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