Criminal Code

Version of section 727 from 2003-01-01 to 2004-03-30:

Marginal note:Previous conviction
  •  (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof.

  • Marginal note:Procedure

    (2) Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced.

  • Marginal note:Where hearing ex parte

    (3) Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof.

  • Marginal note:Corporations

    (4) Where, pursuant to section 623, the court proceeds with the trial of a corporation that has not appeared and pleaded and convicts the corporation, the court may, whether or not the corporation was notified that a greater punishment would be sought be reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the corporation and, if any such conviction is proved, may impose a greater punishment by reason thereof.

  • Marginal note:Section does not apply

    (5) This section does not apply to a person referred to in paragraph 745(b).

  • R.S., 1985, c. C-46, s. 727;
  • R.S., 1985, c. 27 (1st Supp.), s. 160;
  • 1995, c. 22, s. 6.
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