HABITUAL CRIMINAL LEGISLATION UNDER THE CRIMINAL CODE

Abstract

In this article, the author discusses the habitual criminal provisions in sections 660 and 662 of the Criminal Code. First, he examines the process by which an accused may be found to be a habitual criminal, and offers suggestions as to what may be some of the shortcomings and difficulties encountered in applying the legislation. Through an examination of the term “habitual criminal”, the author then offers his own suggestions as to how to create a more workable definition. He also critically examines present techniques for initiating proceedings under the habitual criminal legislation. The author concludes with an examination of the substance and purpose of the legislation, and argues that changes in the present system must take place if the legislative objective is actually going to be met.