Even if someone is guilty of an offence, it is still possible to avoid a criminal conviction./p>
Types of Sentences:
- Absolute Discharge: An absolute discharge is the lowest‑level adult sentence that an offender can get. There a finding of guilt is made but no conviction is registered (the offender does not get a criminal record), and they are not given any conditions to follow.
- Conditional Discharge: A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered (the offender does not get a criminal record). What makes it different from an absolute discharge is that there are conditions (Probation order) that the offender must follow.
- Suspended Sentence: A conviction is registered (the offender gets a criminal record), and there are conditions (Probation order) that the offender must follow.
- Probation: It is a court order to do (or not do) certain things for a period of time. A probation order can also be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment.
- Fine: A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation. A conviction is registered (the offender gets a criminal record). A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence. A fine cannot be given on top of an absolute discharge, a conditional discharge, or a suspended sentence.
- Imprisonment (Jail/Custody): Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them (the offender gets a criminal record). If an offender is sent to jail for less than two years, they will go to a provincial institution. If an offender is sent to jail for two years or more, they will go to a federal penitentiary.
- Intermittent sentence (“weekends”): An intermittent sentence is a jail sentence that the offender serves in “chunks” of time, instead of all at once. For example, if an offender gets an intermittent sentence, they may go to jail on the weekends, (Friday night until Monday morning) but be out of jail during the week. When an offender serving an intermittent sentence is not in jail, they are on a probation order. To get an intermittent sentence, the offender will usually have to show the judge that they have a job or other significant responsibilities (e.g., childcare) which would make it very hard to serve a regular jail sentence. A conviction is registered (the offender gets a criminal record)
- Conditional sentence (“house arrest”): A conditional sentence is an imprisonment (jail) sentence, except that the offender serves the sentence outside of jail (in their house), under strict, jail‑like conditions. A conviction is registered (the offender gets a criminal record)
