WHAT KIND OF SENTENCING CAN A JUDGE ORDER?
In some circumstances, the Court can order that the offender serve their time in the community rather than attend a custodial facility. During this time the offender will be subject to various restrictions on their liberty. This is called a conditional sentence and cannot exceed two years, less a day. A penitentiary sentence is when an offender is ordered to serve two years or more in jail. There cannot be any probation order once a custodial sentence exceeds two years. Probation: Offenders will be supervised by, and in most cases must visit a probation officer. An offender usually has rules to follow that are listed on the Probation Order. These rules, known as conditions, may include not using alcohol; staying away from certain areas or people; attending counselling; seeking or maintaining employment; and/ or obeying a curfew. A Probation Order cannot last more than three years. If the offender violates any one of the conditions of probation, he/she may be arrested and charged with a new offence for a “Breach of Probation.” For more information about Victim Impact Statements, visit canada.ca/victims.
Absolute or Conditional Discharge: A Discharge is a finding of guilt but no formal registration of a conviction. It permits people found guilty to indicate that they don’t have a criminal record. If the sentence is an Absolute Discharge – there is no other sanction, and the “sentence” is at an end. If the Court imposes a Conditional Discharge – the offender is subject to a period of probation. Suspended Sentence: A conviction is formally registered. The offender will be subject to a period of probation. Fine: Can be imposed as a standalone sanction or in conjunction with a period of probation. Custody: The Canadian criminal justice system has several types of custodial sentences. An intermittent sentence refers to a jail sentence that allows an offender to still work for periods of time – while entering a custodial facility for prescribed short periods. Typically, offenders serve their custodial sentence on weekends and work from home during the week. A probation order will run during this timeframe, so the offender is always subject to a Court order – whether or not in custody. A reformatory sentence is served in a provincial jail within Ontario. The maximum sentence is two years, less a day. Often there will also be a probation order in effect once someone is finished the custodial sentence.
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