320.23

Delay of sentencing

320.‍23 (1) The court may, with the consent of the prosecutor and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offence under subsection 320.‍14(1) or 320.‍15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question, in which case subsections 320.‍24(6) to (9) apply.

Exception to minimum punishment

(2) If the offender successfully completes the treatment program, the court is not required to impose the minimum punishment under section 320.‍19 or to make a prohibition order under section 320.‍24, but it shall not direct a discharge under section 730.

Annotations

  • Enacted 18 December 2018 pursuant to section 15, Bill C-46