If a person on conditional sentence breaches the terms of that sentence there must be a hearing within 30 days to determine if the breach justified sending the person to jail.
When does the 30 day period run from?
Today's Court of Appeal decision in xxx rules the period runs from the date the person is arrested for the breach. The Court rules:
[11] There are three possible triggers for the commencement of the 30 day period in s. 742.6(3) of the Criminal Code. In chronological order, the possibilities are:
the arrest of the offender for the new offence;
the issuance of the warrant of arrest for breach of condition; and
the execution of the warrant.
...
The wording and the logic of s. 742.6 compel the conclusion that "the offender's arrest" in s. 742.6(3)(a) refers to his arrest for breach of condition, not for the new offence.
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