Ch. 8 - Sentencing Options

Question 1

What are the general sentencing options?

Answer 1

Imprisonment, fines, restitution and community service, probation, discharge, suspended sentence, conditional sentence.

Question 2

What is the difference between federal and provincial imprisonment?

Answer 2

Federal is two years or more, provincial is less than two years.

Question 3

What are intermittent sentences?

Answer 3

The offender serves time on the weekends and when not in custody they are on probation. (Only for sentences less than 90 days).

Question 4

In what percentage of cases are fines used?

Answer 4

About 30%.

Question 5

To whom are the fines paid?

Answer 5

To the government.

Question 6

What are victims surcharges?

Answer 6

Fines paid to victim services programs.

Question 7

What are the old and new rates of victim surcharges?

Answer 7

Used to be 15%, it’s now 30%.

Question 8

What is the fine for victim services for summary offences?

Answer 8

Now $100, used to be $50.

Question 9

What is the fine for victim services for indictable offences?

Answer 9

Now $200, used to be $100.

Question 10

Can judges waive surcharges?

Answer 10

Not anymore, but they sometimes still do.

Question 11

What must be taken into consideration by judges before fining someone?

Answer 11

Capacity to pay.

Question 12

What is an institutional fine?

Answer 12

Serving time instead of paying a fine.

Question 13

What is the purpose of restitution and community service?

Answer 13

To repair harm to the victim/community.

Question 14

To whom are restitution charges paid?

Answer 14

Directly to the victim.

Question 15

About what percentage of guilty cases get a restitution order?

Answer 15

About 3%

Question 16

What is the most common sentence?

Answer 16

Probation.

Question 17

What percentage of sentences are probation?

Answer 17

Around 45%.

Question 18

Who is probation available to?

Answer 18

Provincial offenders and federal offenders whose sentence is exactly 2 years.

Question 19

How long can probation be for?

Answer 19

3 years.

Question 20

How long can probation be for youth?

Answer 20

2 years.

Question 21

What are the mandatory conditions for probation?

Answer 21

Keep the peace, be of good behaviour, appear before the court when they are required to do so, alert the court of any change in name or address.

Question 22

What are some examples of additional conditions or probation?

Answer 22

Abstaining from alcohol, staying away from “negative influences,” attending council, etc.

Question 23

What does failure to comply with probationary conditions result in?

Answer 23

A new charge of breach of probation; a hybrid offence.

Question 24

What is discharge?

Answer 24

When the offender is found guilty but not convicted.

Question 25

Do discharged offenders have a criminal record?

Answer 25

No.

Question 26

In what cases do offenders get discharged?

Answer 26

In less serious cases, and when there is no history of serious offence.

Question 27

What must the judge be convinced of in order for their to be a discharge?

Answer 27

That it is in the best interest of the offender, and not contrary to the interests of the public.

Question 28

What is an absolute discharge?

Answer 28

No sentence imposed; discharge and that's that.

Question 29

What is conditional discharge?

Answer 29

The offender must be supervised (i.e. on probation) and meet certain conditions imposed by a judge.

Question 30

What happens if the offender fulfills all the conditions in a conditional discharge?

Answer 30

The discharge becomes absolute.

Question 31

What happens if the offender violates conditions or commits a new offence in a conditional discharge?

Answer 31

They can be convicted and sentenced for the original offence as well as for any new offence.

Question 32

What is a suspended sentence?

Answer 32

The offender has been found guilty and has been convicted but the judge "suspends" the passing of a sentence for a period of time during which the offender is put on probation.

Question 33

What happens if the offender complies and behaves with a suspended sentence?

Answer 33

No sentence is given.

Question 34

What is the offender fails to comply and fulfill conditions in a suspended sentence?

Answer 34

They can be sentenced for the original crime and any new crimes.

Question 35

What is a conditional sentence?

Answer 35

A convicted individual who could have been sentenced to less than two years can be sentenced to serve that time in the community.

Question 36

Is a conditional sentence the same as probation?

Answer 36

No!

Question 37

What is the difference between a conditional sentence and probation?

Answer 37

Probation is rehabilitative, and conditional sentences are both rehabilitative and punitive.

Question 38

What happens if the offender fails to comply with conditions of a conditional sentence?

Answer 38

It may result in: no action, addition or removal of conditions, suspension of the conditional sentence, or revocation of the conditional sentence.

Question 39

What happens when a conditional sentence is suspended?

Answer 39

They serve a certain amount of time incarcerated and then return to their conditional sentence.

Question 40

What happens when a conditional sentence is revoked?

Answer 40

They serve the remainder of their sentence incarcerated.

Question 41

How is someone made into a dangerous offender or a long time offender?

Answer 41

The court makes an application after conviction and before sentencing.

Question 42

Who is typically given the status of dangerous offender?

Answer 42

Anyone who is convicted of a serious personal injury offence and who poses a danger to others.

Question 43

What must be considered when determining if someone is a dangerous offender?

Answer 43

Offence history and the likelihood of a serious offence in the future.

Question 44

What happens if a dangerous offender status is applied?

Answer 44

The offender is assigned an indeterminate sentence (can only be released by the Parole Board).

Question 45

When is a dangerous offender eligible for parole?

Answer 45

After serving 7 years, and every 2 years after that.

Question 46

Who is liable to become a long term offender?

Answer 46

Offenders who could receive a sentence of two years of more.

Question 47

What happens if a long term offender status is applied?

Answer 47

The offender must serve two years of incarceration and the judge sets a length for a Long-Term Supervision Order.

Question 48

How long can a Long-Term Supervision Order last?

Answer 48

Up to 10 years.