Faint-Hope Clause
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Faint-Hope Clause
The "faint hope clause" is the popular name for s.745.6 of the Canadian Criminal Code (Canada), Criminal Code, a statutory provision that allows prisoners who have been sentenced to life imprisonment with a parole eligibility period of greater than 15 years to apply for early parole once they have served 15 years. Offenders who committed their offence after December 2, 2011 are no longer eligible to apply for the faint hope clause. However, those convicted of offences that occurred prior to that date may still be eligible. Process The prisoner must apply to the Chief Justice of the province where he or she was convicted, and the Chief Justice (or another designated judge) then reviews the application to determine whether there is a reasonable chance the prisoner could be successful in his or her application before a jury; if the applicant is likely to succeed, the court will empanel a jury to hear the application. The jury may hear evidence relating to the character of the prisoner, ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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