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If you are found guilty of a crime, the Crown prosecutor and your lawyer, if you have one, can each recommend a sentence to the judge. The judge chooses from the range of sentences set by law. The judge may ask for a pre-sentence report before deciding on a sentence. A probation officer prepares this report. The information in it helps the judge decide a proper sentence.
There are a wide range of sentences possible for most crimes. The law usually sets a maximum and sometimes a minimum sentence for each crime. A judge rarely gives the maximum sentence. The maximum sentence is for the worst offender who has committed the worst type of the offence. For some offences, the judge has no choice in sentencing. For example, a person who is convicted of murder must be sentenced to life imprisonment.
The judge decides on the sentence by looking at the circumstances surrounding the offence. Previous offences will also be considered. The person's situation affects the judge's decision too. For example, the judge will consider things like the person's age, whether they have a job or suffer from a mental or physical illness.
Before deciding on what sentence to give, a judge may ask for a pre-sentence report. The pre-sentence report includes such things as:
In the case of offenders who were under the age of 18 when the offence was committed, the pre-sentence report is prepared by a community youth worker. For adult offenders, it is prepared by a probation officer. The person who writes the report will interview the offender and others involved in the offender's life.
A discharge is when a person is found guilty or pleads guilty but is not convicted of the crime. A discharge is not available if the offence has a minimum sentence or a maximum penalty of more than 14 years. An absolute discharge means there are no conditions on the discharge. A judge can also put conditions on the discharge. Things like community service may be a condition. A conditional discharge can be revoked if the offender does not abide by the conditions.
In some cases, a judge can suspend passing a sentence and release a convicted person on probation. The person does not go to jail, but they must follow conditions set by the judge. Conditions include things like staying out of trouble and reporting to a probation officer. A judge may also order that the offender perform community service work. Sometimes, they may be ordered to pay money to compensate the victim. A probation order can be in effect for up to three years.
Sentences that are for less than two years may also be followed by a period of probation. Once the person is released from jail, they will need to follow the conditions of their probation. The judge also may order a term of probation in addition to a fine.
If the offender does not follow the terms of their probation, they can be charged with breach of probation. A breach of probation charge is a separate criminal offence. Their probation could also be revoked. If this happens, the offender can be brought back to court to be sentenced for the original offence.
A judge can order a fine. A fine is a set amount of money that the convicted person pays to the court. The judge may combine a fine with another sentence, such as jail and a fine. If the offender does not pay the fine, the judge may sentence them to jail time. Before imposing a fine, the judge must be satisfied that the offender has the means to pay the fine or can work it off.
If an offender needs time to pay the fine, they can ask the judge for additional time to pay. In some cases, they may be able to work off the fine.
Anyone convicted of impaired driving or driving over the limit will be prohibited from driving for a period of time. See Drinking, Drugs and Driving for a detailed explanation of these laws and the consequences.
The judge can order an offender to pay money for property damage or loss caused by the offence. This is called a compensation or restitution order. The judge also can order an offender to pay money to an innocent individual who bought stolen property.
The judge does not have to make a compensation order. The judge may choose whether to make an order or not. If the judge chooses to make an order and the offender does not pay the money right away, the victim can file the order with the Court of King's Bench. This allows the victim to enforce the order by asking the sheriff to seize and sell the offender's property.
Conditional sentences are served in the community instead of jail. This type of sentence is only available if:
A conditional sentence can have many of the same kind of conditions as a probation order. Much more supervision is involved with a conditional sentence, however. It is also easier to have an offender serving a conditional sentence returned to jail if they breach their conditions.
A person who is convicted of a serious offence or who is a repeat offender may be sentenced to jail. Based on the range of sentences allowed under the law, the judge will decide on the length of the jail term.
A sentence of 90 days or less may be broken up instead of being served all at once. For example, the judge may allow the person to serve their sentence only on weekends and holidays. This allows them to continue working, studying or looking after their family while serving a short sentence. When a person serving an intermittent sentence is out of jail, they are on probation.
A person who committed a violent offence against another person may be declared to be a dangerous offender. This is done at a special hearing. Following this hearing, the person may be sentenced to an indeterminate period of detention. Indeterminate means the judge does not say when the sentence ends. The dangerous offender is kept in jail with no fixed date for release. The National Parole Board reviews the case after seven years and every two years after that.
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