
Sentencing Options
There are several types of sentences that a judge can impose on a person who is convicted of a criminal offence. The most common sentences are:
- Absolute Discharge
- Conditional Discharge
- Suspended Sentence
- Probation
- Fine
- Imprisonment (Jail)
- Intermittent Sentence (“Weekends”)
- Conditional Sentence (“House Arrest”)
An absolute discharge is the lowest-level adult sentence that an offender can get. If an offender gets an absolute discharge, a finding of guilt is made but no conviction is registered, and they are not given any conditions to follow (i.e. a probation order). The offender is finished with their case that day. They don’t have to come to court again or check in with a probation officer. An absolute discharge will stay on an offender’s criminal record for one year after the date they received the discharge. The offender doesn’t have to apply for a pardon for the discharge to be removed from their record.
A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered. What makes it different from an absolute discharge is that there are conditions that the offender must follow. The conditions always come in a probation order that can be in effect from one to three years. A conditional discharge stays on an offender’s criminal record for three years after the completion of the probation order. Like an absolute discharge, the offender doesn’t have to apply for a pardon for the discharge to be removed from his/her record.
Like a conditional discharge, a suspended sentence involves following conditions in a probation order for a period of one to three years. The main difference between a conditional discharge and a suspended sentence is that an offender who gets a suspended sentence has a conviction registered against them. This means that the offender who gets a suspended sentence will have a criminal record and will have to apply for a pardon to have the conviction removed from their record.
Probation is a court order to do (or not do) certain things for a period of time. It is usually called a probation order.
An offender who gets a conditional discharge or a suspended sentence will always have a probation order that they must follow. A probation order can also be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment. The maximum length of a probation order is three years. In many cases they are one or two years long.
Every probation order will have the following conditions:
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keep the peace and be of good behaviour;
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appear in court when ordered by the court;
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tell the court or probation officer about any change of name, address or job.
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Other conditions sometimes included as part of a probation order are:
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report to a probation officer (sometimes every week or month);
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not buy, carry, or drink alcohol;
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not have or use drugs that aren’t prescribed by a doctor;
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not have or carry any weapons (e.g. knives etc.);
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perform community service;
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stay away from a certain person or persons, and not go to their house or where they work;
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not to call, text message or email a certain person or persons;
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give money back to a victim;
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go to counselling or rehabilitation.
In a lot of probation orders, the judge will make the offender report to a probation officer. A probation officer is not the same as a police officer, but they do have the power to charge an offender with a criminal offence if they break their probation conditions.
If an offender has a condition to go to counselling or do community service, or if the judge feels they need supervision, the judge will usually make the offender report to a probation officer. Reporting is usually every week or every month, but it can be more frequent or less often. Sometimes (usually after the first reporting date) the judge leaves it up to the probation officer to decide how often the offender should report.