What is functus officio

An intermittent jail sentence cannot be varied by the sentencing court to a non-intermittent. A judge is not functus simply by reason that he has given a decision for conviction. In certain circumstances, the judge may hear further evidence on an issue raised in trial after finding of guilt and has the option to reopen the case. An error made in making a SOIRA order of an illegal duration cannot be amended unless it was the judge's manifest intention to make an order of a lawful duration in which case the court has inherent jurisdiction to amend.

A court will not be functus up until the Court enters an official judgement into the rolls. Where a mandatory order such as a DNA or Weapons order was omitted there is some suggestion that the court may go back and remedy the omission. An appellate court is not functus until the formal judgement has been drawn up and entered.

To prevent the appeal from being re-opened, the respondent must establish that there is "no reasonable prospect of success".

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Duhaime's Law Dictionary. Functus Officio Definition: Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.