SENTENCING

IMPRISONMENT Incarceration can range from days to a maximum of 25 years. Those that are deemed not able to rehabilitate or are an extreme risk or danger to society are often kept in prison for the remainder of their lives (dangerous offender) -Application must be made to recognize someone as a dangerous affender and a decision by a judge at a court hearing will determine if one will be labeled a danger offender

ABSOLUTE/CONDITIONAL DISCHARGE The most lenient sentence is discharging (releasing); A discharge may be granted for a minor or first-time offender that does not carry a minimum sentence for which the sentence is less than 14 years; There are TWO types of discharges: Absolute Discharge: even though the accused is found guilty, the judge sets that person free; Note: after a year, that record is destroyed... Conditional Discharge: a release with terms attached (i.e. avoiding contact with certain people, set curfew) IF these terms are obeyed, after a specified time the discharge becomes absolute; IF these terms are violated, the discharge is revoked and a more severe sentence in imposed; Note: after three years, that record is destroyed

SUSPENDED SENTENCE A suspended sentence is a judgment that is passed but not carried out as long as the offender meets certain conditions set out by the judge; Suspended sentences can only be imposed for offences that have NO minimum punishment required by the Criminal Code; These are usually given for first-time or minor offences, or in the situation where the judge feels that the knowledge of the sentence alone is sufficient to keep the offender in line...

PROBATION The word “probation” comes from the Latin word “probatio” meaning “proof”; Probation is a sentence that allows a convicted offender to PROVE that he/she is able to live in the community without committing another offence; Can be given in addition to, or in place of, a prison sentence; A probation and parole officer supervises an offender on probation, the offender must comply with a specific set of conditions in order to prove to the court that he/she will not reoffend; Every probation order has THREE components, whereby the offender must: (1) keep the peace, (2) demonstrate good behaviour, and (3) appear in court when required. A probation order may also include optional conditions, such as: Reporting regularly to a probation officer; Not associating with known criminals; Staying away from particular locations; attending counselling sessions; Paying for damages resulting from the offence; and Refraining from alcohol and illegal drug use.

CONDITIONAL SENTENCE A conditional sentence is a prison term of less than TWO years that may be served in the community rather than in prison; A judge can impose a conditional sentence if the offence does NOT carry a minimum sentence; Terms are stricter than they are for probation or suspended sentence i.e. Performing community service hours, seeking treatment for a drug addiction

INTERMITTENT SENTENCE An intermittent sentence is a prison sentence of less than 90 days that can be served on weekends and at night, so the offender can serve the time in intervals instead of all at once; Usually given to offenders who are NOT violent, have steady jobs, and whose families depend on their income; When not in jail, offender is subject to a probation order.

PEACE BOND A peace bond is a court order requiring a person to keep the peace and be of good behaviour for up to 12 months Often used in minor assault cases. Accused often enters a peace bond in the hopes that charges are withdrawn Binding Over: a court order to keep the peace (“peace bond”); imposed on someone who threatens another person, family, or property Technically, this is not a sentence because no real crime was committed, unless after 12 months the behaviour is not corrected/improved, then a restraining order is issued.

ELECTRONIC MONITORING Electronic monitoring (EM) began as a way to track and supervise offenders on probation; As prison populations increased in the 1980s and 1990s, authorities saw EM as an alternative to incarceration; Electronic bracelet that emits a signal to a computer and a remote location.

DEPORTATION Anyone who is not a Canadian citizen and commits an indictable (major) offence in Canada can be deported, which involves expelling that offender from the country back to his/her native land. Federal government applies to the courts for such a deportation order. Extradition Act-Canadians (Canadian residents) who commit serious offences in other countries can be returned to those countries to stand trial and receive punishment.

COMMUNITY SERVICE ORDERS Offenders may be ordered to work a certain number of hours in the community. (e.g. local organization or government project) The hope is that the community service enhances their self worth and allows offenders to associate with people in the community rather than other criminals. Community service also occupies much of offenders free time.

FINES Fines are specific amounts of money that offenders are required to pay the court as punishment. Only used as sentence for summary offences Criminal code generally sets maximum fine at $2000 (under other statutes max fine can be higher-e.g. Violent offences, penalty for assault when Crown proceeds summarily is $5000) If penalty is 5 years or less, offender may pay a fine instead of going to prison. If penalty is more than 5 years, offender may pay fine on top of prison sentence.

9. Plea Bargaining The majority of people charged with criminal offences never go to trial; Instead, the Crown and the defence counsel negotiate an agreement called a plea bargain, whereby the defendant agrees to plead guilty and receives a lesser sentence i.e. First degree murder to second degree murder (the admission of guilt is there, so the Crown does not run the risk of a not guilty verdict from a jury)