Resolving Criminal Matters Prior to Trial (1:VI): Difference between revisions
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 13:26, 25 August 2022
, 25 August 2022→2. Suspended sentences and probation
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:'''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'''. | ||
=== 2. Suspended | === 2. Suspended Sentences and Probation === | ||
If the judge believes, having regard to the age, character and personal circumstances of the individual, that the accused can rehabilitate themselves, the judge can suspend the passing of sentence and release the accused subject to the terms of a probation order of up to three years (''Criminal Code'', s 731(1)(a)). This does not mean that the accused has been acquitted; '''at the expiry of their probationary period, the accused will still have a criminal record'''. This is an important difference between a suspended sentence and a conditional discharge. | If the judge believes, having regard to the age, character and personal circumstances of the individual, that the accused can rehabilitate themselves, the judge can suspend the passing of sentence and release the accused subject to the terms of a probation order of up to three years (''Criminal Code'', s 731(1)(a)). This does not mean that the accused has been acquitted; '''at the expiry of their probationary period, the accused will still have a criminal record'''. This is an important difference between a suspended sentence and a conditional discharge. | ||