Sentence Option | Definition of Sentence Option | | What happens to the offender under this sentence option? |
Absolute Discharge
| releasing convicted offender with no conditions and no record/conviction (e.g minor offense or first time offense) | | found guilty;criminal record destroyed after 1 year |
Conditional Discharge
| Releasing convicted offender under certain terms (e.g observing set curfews not allowed to own firearms) | | Found guilty; criminal record is destroyed after 3 years |
Probation
| allows convicted offenders to prove that he/she is able to live in the community without committing another offence. | | A parole officer supervises an offender on probation and is responsible for monitoring the offenders behaviour, some conditions may include: 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.
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Intermittent Sentence
| <90 days serve prison sentence on weekends and at night | | usually non violent, have steady employment must report to jail and is subject to a probation order |
Conditional Sentence
| Prison term of <2 years to be served in the community with strict terms commonly given with house arrest/electronic monitoring | | Avoid prison for non dangerous offenders Supports reintegration and considers employment and family issues |
Conditional Service Order
| perform certain community services in the community for a specified period | | Restitution to victim/society not given if violent offense |
Peace Bond/Binding-Over
| can be imposed on someone who threatens another person/that person's family or property | | sentence ordering the defendant to keep the peace and demonstrate good behaviour for up to 12 months No criminal offence occurs unless a peace bond is violated or the defendant refuses to be bound. |
Fines
| Monetary penalties that judges impose Can be part of conditional sentence | | In effect up to 3 years Judge must consider ability of offender to pay Offender who fails to pay fine may face prison time |
Incarceration/Prison
| Provincial Correctional System | Closed Custody Protective Custody Open Custody | | Various levels of security is dependent on severity of crime closed/max = highly secure, armed correctional officers, bars on doors/windows Open/Min = no fences/walls, educational programs, prisoners not escape risks Federal prison >2 years provincial prison <2 years detention centers - remanded in custody awaiting trial
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Federal Correctional System | Max-Security Medium-Security Min-Security | | |
Dangerous Offender
| Someone who constitutes a dangerous offender has been convicted of a serious personal injury offence, such as a violent crime or a sexual assault, and is considered to pose a high risk of reoffending and causing harm to society. | | indeterminate prison sentence |
Parole
| inmates conditional release into the community before the full sentence is served Excludes 1st degree murder and inmates must meet certain conditions to qualify. Parole provides an incentive for good behaviour | | parole lessens the negative effects of incarceration and gives parolee the opportunity to return to society with help and supervision |
Pardon
| a person's record of conviction is set aside. DOES NOT ERASE THE FACT THAT SOMEONE HAS BEEN CONVICTED OF AN OFFENCE. Pardon automatically has no effect if a person is later convicted of an indictable offence. National Parole Board can rescind a pardon for any of the following reasons: conviction for a summary offence, unacceptable conduct, false information at the time of application. | | Any federal agency that has records of convictions must keep those records separate. Information may not be disclosed without permission from the Solicitor General of Canada. |
Sentencing Circles | offender and family, victim and family, elders and other members of the offenders aboriginal community, police officers and a trial judge. process involves separating the person from the criminal act the person committed Goal is to empower offender and victim Conflict resolution and reconcilliation | | Eventually a consensus is reached |