Conditional sentence (Canada)

A conditional sentence is a non-custodial punishment for crime. It is one type of criminal sentencing used in Canada.

Conditional refers to rules the offender must follow in order to remain out of prison, which are similar to when one is on parole.

These are most often treatment for drug or alcohol abuse, curfews, and community service. Offenders who breach their conditions or re-offend may complete their sentence in prison.

To receive a conditional sentence, the sentencing judge must be satisfied that the offender does not pose a danger to the community. This allows less serious offenders to remain in their communities or at home. The largest percentage of conditional sentences are for property crime. By law, a conditional sentence must be less than two years in duration; they have an average length of eight months., and the offence that the offender was convicted of cannot be punishable by a minimum sentence of imprisonment.

Conditional sentences were introduced in 1995 as a response to perceived over-incarceration, especially among aboriginal Canadians.

Conditional sentences are administered by provincial probation and parole services. The accused must be supervised by a probation officer and regularly attend meetings.

An accused person may be arrested without warrant where a peace officer believes on reasonable grounds that the accused has failed to comply with a condition or by warrant. An accused arrested for an alleged breach will be detained in custody pending a hearing to determine whether a breach occurred. The accused may apply for bail pending the hearing. However, under subsection 515(6) the accused bears the onus. Upon the earliest of the accused being arrested for an alleged breach or upon the issuance of a warrant, the conditional sentence stops running. At a breach hearing the Crown bears the onus to prove a breach on a balance of probabilities. If the court finds that a breach occurred, the accused bears to onus to justify the continuation of the conditional sentence. The court may do one of four things: take no action, order that the accused serve a portion of the conditional sentence in custody, terminate the conditional sentence and order that the accused serve the remainder of the conditional sentence in custody or change a condition of the order.

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