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Difference between revisions of "Conditional Sentences, Probation, and Discharges"
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Conditional Sentences, Probation, and Discharges (view source)
Revision as of 00:24, 13 December 2014
, 00:24, 13 December 2014no edit summary
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*a discharge. | *a discharge. | ||
Both the ''Criminal Code'' and the Controlled Drugs and Substances Act are available at [http://laws.justice.gc.ca laws.justice.gc.ca]. Click on “English” and then on “Consolidated Acts”. Then scroll down to the name of the law. | Both the ''Criminal Code'' and the ''Controlled Drugs and Substances Act'' are available at [http://laws.justice.gc.ca laws.justice.gc.ca]. Click on “English” and then on “Consolidated Acts”. Then scroll down to the name of the law. | ||
The script does not: | The script does not: | ||
*discuss sentences under other federal laws (for example, the Fisheries Act) or provincial laws (for example, the Motor Vehicle Act); in those cases, the possible penalties are different and probation works differently. | *discuss sentences under other federal laws (for example, the ''Fisheries Act'') or provincial laws (for example, the ''Motor Vehicle Act''); in those cases, the possible penalties are different and probation works differently. | ||
*explain other possible sentences – fines, jail, or licence suspensions. | *explain other possible sentences – fines, jail, or licence suspensions. | ||
*apply to anyone under 18 years old; for information about young people and criminal law, check scripts 225, called “Young People and Criminal Law” and 226, called “Youth Justice Court | *apply to anyone under 18 years old; for information about young people and criminal law, check scripts [[Young People and Criminal Law (Script 225)|225]], called “Young People and Criminal Law” and [[Youth Justice Court Trials (Script 226)|226]], called “Youth Justice Court Trials”. | ||
If you’re charged with a criminal offense, talk to a criminal defense lawyer before you plead guilty or admit anything to the police or prosecutor (also called Crown Counsel or Crown). A lawyer can tell you if you have a defense to the charge, or if the Crown can prove the case against you. Then you can decide what to do. Also, check scripts: | If you’re charged with a criminal offense, talk to a criminal defense lawyer before you plead guilty or admit anything to the police or prosecutor (also called Crown Counsel or Crown). A lawyer can tell you if you have a defense to the charge, or if the Crown can prove the case against you. Then you can decide what to do. Also, check scripts: | ||
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==What is a conditional sentence?== | ==What is a conditional sentence?== | ||
A conditional sentence is a jail sentence that you serve in the community, instead of in jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and you don’t have a history of failing to obey court orders. A judge can’t give you a conditional sentence if the sentence is longer than 2 years, if the law sets a minimum jail term, or if the Criminal Code lists the crime as a violent offense. A conditional sentence usually has strict conditions, including a curfew. If you disobey the conditions, a judge can send you to jail for the rest of the time left on your sentence. | A conditional sentence is a jail sentence that you serve in the community, instead of in jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and you don’t have a history of failing to obey court orders. A judge can’t give you a conditional sentence if the sentence is longer than 2 years, if the law sets a minimum jail term, or if the ''Criminal Code'' lists the crime as a violent offense. A conditional sentence usually has strict conditions, including a curfew. If you disobey the conditions, a judge can send you to jail for the rest of the time left on your sentence. | ||
==What is a probation order?== | ==What is a probation order?== | ||