The requisite conditions for long-term offender status are listed in 753.1(1). First, the court must be satisfied that a sentence of two years or more would be appropriate for the offence committed. Second, the offender must be likely to reoffend. Finally, there must be a "reasonable possibility of eventual control of the risk in the community" (Pocket Criminal Code, p. 531). According to section 753.1(2), the offender poses a substantial risk for reoffending if he has been convicted of an offence of a sexual nature or if he has shown a pattern of repetitive violent behaviour. If a person is found to be a long-term offender, section 753.1(3) provides that the court shall either impose a custodial sentence for the offence for which the person was convicted of at least two years, or order the long-term offender to community supervision for up to, but not exceeding, ten years. If, while on community supervision, a long-term offender breaches an order of his supervision, he will be subject to a term of imprisonment of up to ten years.

Section 754 requires that the Attorney General of the province approve an application for dangerous or long-term offender designation. It also states that the offender be given seven days notice of the application. An application hearing is heard by a judge without a jury. No proof of any allegations admitted to by the defendant is required in the application hearing. Evidence of character is allowed under section 757, if the court believes it is pertinent to the determination of the offender's dangerous or long-term offender status. Section 758 requires that the defendant be present at the application hearing, except in exceptional circumstances or when the defendant displays misconduct in the courtroom.

If found a dangerous or long-term offender, a defendant can appeal this finding under s.759. Section 759(3) provides that if the court of appeal allows an appeal, it may find that the defendant is not a dangerous offender and sentence him to a determinate sentence. The court of appeal could also decide that the offender does not meet the requirements for dangerous offender status, but does meet the requirements for a long-term offender designation. In that case, the defendant would be subject to a sentence of at least two years in custody or up to ten years of community supervision. The court of appeal could also rule that a new hearing be held. If a defendant found to be a long-term offender is granted an appeal, the court may either quash the supervision order or order a new hearing.

For those offenders incarcerated indefinitely, section 761 provides for a parole eligibility review. The National Parole Board must,

after the expiration of seven years from the day on which the person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purposes of determining whether he or she should be granted parole... (Pocket Criminal Code, 1999, p. 536)


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