Duhaime's Law Dictionary

Long-Term Offender Definition:

A convicted person for whom there is a substantial risk of re-offending.

Related Terms: Faint Hope Clause, Dangerous Offender, Habitual Offender, Danger to Society

From Canada's Criminal Code, at §753.1 (extract and edited):

"The court may ... find an offender to be a long-term offender if it is satisfied that it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted; there is a substantial risk that the offender will reoffend; and there is a reasonable possibility of eventual control of the risk in the community.

"The court shall be satisfied that

  • There is a substantial risk that the offender will reoffend if the offender has been convicted of ... sexual interference, invitation to sexual touching, sexual exploitation, making, possession, accessing or ... distribution, etc., of child pornography, luring a child, exposure or sexual assault ... or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
  • The offender has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender’s causing death or injury to other persons or inflicting severe psychological damage on other persons, or by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences."

Public Safety Canada (at publicsafety.gc.ca) descibes the long-term offender option as follows:

"Certain offenders can be designated a Long-Term Offender if it is determined that their unrestricted presence in the community poses a potential threat to public safety. These orders are imposed by the court at the time of sentencing and come into effect after the offenders have served their full sentence and are eligible for release. The supervisory period for a Long-Term Offender ... is mandated by the sentencing court and includes conditions, overseen by Corrections Services Canada , imposed by the National Parole Board. The conditions can be imposed for up to 10 years, to ensure public safety."

See also dangerous offender and habitual offender.

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