What does a judge considered in sentencing?
What is a Pre-Sentence Report?
Before sentencing the court can ask Offender Supervision and Services to prepare a pre-sentence report with information about the offender and the case that will help the judge decide the sentence. A pre-sentence report may include information about the offender’s:
The pre-sentence report is property of the court and will be shared with the crown lawyer and the offender’s lawyer.
Types of Sentences
The judge can order many different types of sentences, including:
Other Types of Supervision
There are other types of court ordered supervision of individuals. These include:
When an offender is under supervision the court will often order them to follow certain conditions. Offenders face serious consequences if they do not follow their conditions. Conditions can include:
When a person is found guilty or pleads guilty, but the judge decides not to sentence them. The person has no criminal record.
When a person is found guilty or pleads guilty, but the judge decides that, on successful completion of specified conditions, the person will not have a criminal record.
If a person is found guilty of impaired driving a judge may place the person on probation with strict conditions to complete a treatment program and not drink or use drugs. If the person completes the treatment program and follows their conditions they will not have a criminal record.
When a person pleads or is found guilty, but the judge decides to withhold the sentence. He may decide to suspend the sentence conditionally or unconditionally. If the sentence is suspended unconditionally, the offender will never have to serve the sentence that would apply for the offence committed. If the sentence is suspended, the person must be on good behaviour, otherwise he or she will have to serve the sentence.
All or part of a sentence requiring someone convicted of a crime to pay money to the court. You can pay your fine through the fine options program. You can contact Offender Supervision and Services to set up a payment plan. Call (867) 667-5231.
A jail sentence served by the offender in the community. The offender remains in the community under supervision, and is required to follow strict rules (conditions). If the offender disobeys the conditions the Probation Officer must report the breach to the court. A judge can order them to serve the remainder of the sentence in jail.
Probation is a sentence or a part of a sentence that is served in the community. The court may order a period of probation alone, or a period of probation after a prison sentence. The offender must follow the conditions identified in their probation order or face serious consequences.
When an offender serves their sentence in prison on the weekends and in the community on probation during the week.
An offender sentenced to custody of less than two years will go the Whitehorse Correctional Centre. An offender sentenced to more than two years will serve their sentence in a federal prison in another province.
A court order while the accused is awaiting trial. The accused must obey certain conditions (rules) and return to court on a specific date. In some cases, bail orders may require a money deposit or a bail surety.
According to section 810 of the Criminal Code of Canada, the court may order a recognizance (commonly referred to as a peace bond) for up to 12 months, except in rare cases where it can go up to 24 months.
Parole is the early release of an offender serving in a federal prison. When an offender is on parole they must follow certain rules (conditions). Parole services are run by the federal government. For information on parole you can phone Correctional Services of Canada at 250.363.3267, or visit the National Parole Board website.
An Emergency Intervention Order is a court order used to remove an abusive person from the home. The accused must not have contact with certain people or go to certain places. If they breach the conditions they can be charged with an offense.