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The following are potential sentences for a person found guilty of a criminal offence. These sentences can vary in terms of their severity and implications, including absolute discharge, conditional discharge, suspended sentence, probation, fine, custodial sentence, intermittent sentence, and conditional sentence. Each of these potential sentences comes with its specific set of characteristics and consequences, which will impact the individual in question in different ways.
An Absolute Discharge is the most lenient sentence an adult can receive when found guilty of a criminal offence. Upon this sentence, a finding of guilt is made, yet no conviction is registered, and the individual is not given any conditions to follow. Their criminal charges are considered resolved, as they are not bound by any probation order or other conditions. However, it should be noted that an absolute discharge will stay on an individual’s criminal record for one year after the date they received the sentence before it is removed from their record.
Conditional Discharge ranks as the second most lenient sentence someone found guilty of a criminal offence can receive. As with an absolute discharge, a finding of guilt is made, but no conviction is registered. It is more severe than an absolute discharge because the individual is bound by conditions in the form of a probation order that they must follow after sentencing for a period of one to three years. The conditional discharge will appear on the person's criminal record for three years following the completion of the probation order, after which it is automatically removed.
A Suspended Sentence stands as the third most lenient sentence a person found guilty of a criminal offence can receive. With this type of sentence, the person will not be incarcerated, but they will be bound by probation conditions for a period of one to three years. When someone receives a suspended sentence, they will have a finding of guilt registered on their criminal record. This finding of guilt may eventually be removed by obtaining a pardon.
Probation is defined as a court order that binds someone by conditions, which they must abide by for the duration of the order. Individuals who receive a conditional discharge or a suspended sentence are often ordered to follow a probation order for a certain period of time. Besides that, a probation order can also be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment. It's important to note that the maximum length of a probation order is three years.
Every probation order contains specific conditions that the individual must comply with, such as maintaining good behaviour, appearing in court when ordered, and informing the court or probation officer of any changes of name, address, or job.
There may also be additional conditions included in a probation order, like reporting to a probation officer, abstaining from alcohol or drugs, not carrying weapons, performing community service, staying away from certain persons or locations, limited communication with certain individuals, paying restitution to a complainant, and attending counselling or rehabilitation. Violation of any probation order conditions can lead to a further criminal charge.
A Fine refers to a specified amount of money that an individual is ordered to pay to the court. If an offender is given a fine at sentencing, they will have a conviction registered against them on their criminal record. A fine can be imposed instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence. However, a fine cannot be added on top of an absolute discharge, a conditional discharge, or a suspended sentence. It also should be noted that certain criminal offences carry mandatory minimum fines.
A Custodial Sentence refers to a designated length of time that a person will spend incarcerated. After the individual is sentenced, they are taken to jail and a conviction is registered against them, which means they will have a criminal record unless they receive a pardon for their offence. Depending on the length of the sentence, the individual will serve their time at different types of institutions. Those sentenced to less than two years serve their time at a provincial institution. On the other hand, individuals sentenced to two years or more serve their time at a federal penitentiary.
An Intermittent Sentence is a type of custodial sentence that is served in smaller segments of time rather than all at once. It is quite common for someone to serve an intermittent sentence on the weekends which allows them to maintain their employment and other responsibilities. When the person serving an intermittent sentence is not in jail, they are bound by a probation order. However, it should be noted that an individual can only serve their sentence intermittently if they receive a sentence of 90 days or less.
A Conditional Sentence is a special form of imprisonment sentence that the person serves outside of a correctional facility, typically in their home, and is bound by strict conditions akin to in-custody conditions. In this arrangement, the individual is usually required to stay in their home at all times, with a few exceptions. They are monitored by a probation officer and are required to check in with that officer at least once. It's important to know that a person given a conditional sentence will have a conviction registered on their record until they receive a pardon.
For the imposition of a conditional sentence, certain conditions must be fulfilled by the accused. Firstly, the sentence of imprisonment should be less than two years. Secondly, the individual should not have been convicted of a criminal offence that mandates a minimum custodial sentence. Furthermore, the individual should not have a conviction record of a serious personal injury offence, a terrorism offence, or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more. Lastly, the judge has to be convinced that imposing a conditional sentence would not threaten community safety.
Your Toronto Criminal Defence Lawyers, Kostman and Pyzer, Barristers, stand ready to defend your criminal charges and work towards negotiating a better sentence for you.
