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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 13:24, 25 August 2022
, 13:24, 25 August 2022→1. Absolute or conditional discharge
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:'''NOTE:''' Many mandatory minimum sentences are in the process of being repealed or amended. Bill C-5, which would repeal mandatory minimums for several drug and firearms related offenses, is currently in committee (as of June 2022) having passed its third reading in parliament. Always double check the that the minimum sentence for a charge is up to date and has not been repealed, amended or struck down by the courts as unconstitutional. | :'''NOTE:''' Many mandatory minimum sentences are in the process of being repealed or amended. Bill C-5, which would repeal mandatory minimums for several drug and firearms related offenses, is currently in committee (as of June 2022) having passed its third reading in parliament. Always double check the that the minimum sentence for a charge is up to date and has not been repealed, amended or struck down by the courts as unconstitutional. | ||
=== 1. Absolute | === 1. Absolute and Conditional Discharges === | ||
Discharges are outlined in section 730 of the Criminal Code: | Discharges are outlined in section 730 of the Criminal Code: | ||
* | * Discharges are available if the accused is not subject to a minimum penalty and the offence is not one punishable with a maximum sentence of 14 years of imprisonment or more | ||
* A discharge means that there has been a finding of guilt rather than a conviction. At the end of the discharge period, the accused has no criminal record. | * A discharge means that there has been a finding of guilt rather than a conviction. At the end of the discharge period, the accused has no criminal record. | ||
* The discharge must be in the best interests of the accused and not be against the public interest. | * The discharge must be in the best interests of the accused and not be against the public interest. | ||
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* A conditional discharge means that the accused is on probation, with certain conditions, for a period of time. If the accused follows the rules, at the end of the probation period they are treated as if there were no conviction and will not have a criminal record. | * A conditional discharge means that the accused is on probation, with certain conditions, for a period of time. If the accused follows the rules, at the end of the probation period they are treated as if there were no conviction and will not have a criminal record. | ||
* An absolute discharge is granted immediately without terms or conditions, whereas the effect of a conditional discharge is that the accused is on probation for a period of time. This can involve a number of various conditions the accused must abide by. If the accused successfully completes the period of probation with no breaches or further criminal offences, the conviction is discharged and the offender can say they have no prior convictions. It is important to note however that an absolute or conditional discharge still requires a finding of guilt. | * An absolute discharge is granted immediately without terms or conditions, whereas the effect of a conditional discharge is that the accused is on probation for a period of time. This can involve a number of various conditions the accused must abide by. If the accused successfully completes the period of probation with no breaches or further criminal offences, the conviction is discharged and the offender can say they have no prior convictions. It is important to note however that an absolute or conditional discharge still requires a finding of guilt. | ||
*Both an absolute discharge and a conditional discharge (as well as the probation order that accompanies it) will be visible on some background checks, for example vulnerable sector checks, for several months after they are entered into/the probation order ends. However, the guilty party still does not have a criminal record. | |||
:'''NOTE:''' '''Each of the sentences listed below results in a conviction and a criminal record'''. | :'''NOTE:''' '''Each of the sentences listed below results in a conviction and a criminal record'''. | ||
