2. Suspended Sentence
If there is no set minimum punishment the judge
may impose a period of required good behavior.
If an individual is given a guilty verdict, the judge
may impose a suspended sentence. The judge
may do this if:
It is the individuals 1st offence.
The crime is relatively minor.
The individual stays out of “trouble” for a certain
period of time.
3. Suspended Sentence (con’t)
At the end of the imposed suspended
sentence the accused record will be wiped
clean. However if the individual does not
stay out of trouble and commits another
crime, they will be brought back to court
not only to face the charges for the current
crime they have committed, but also the
crime they committed previously.
4. Probation
Probation is the suspension of a prison or jail
sentence with restrictions.
The judge may impose a probation period as
punishment. During the time of the imposed
probation an individual may have to:
Report regularly to a parole officer
Stay away from certain areas/people
Withhold from engaging in certain activities
5. Fine
This is a payment of money to the court by
the accused. A fine may also be imposed
if an individual fails to appear in court.
6. Restitution and Community Service
Restitution is the compensation for the
victim of a crime, by the criminal who
committed it.
For example: Vandals may be forced to
repair damages that they have committed.
Community service serves as a
punishment for criminals, as well as a
rehabilitation process.
7. Imprisonment for Two Years Less a
Day
The accused is sent to a provincial jail to
be removed from society. These jails are
minimum or medium security institutions
located in many communities.
8. Imprisonment for More Than Two
Years
The accused is sent to a federal
penitentiary. After serving ¾ of the
implied sentence the accused may apply
for parole. If the accused serves his/her
full sentence then they are released
without any restrictions or rules. The max.
penalty that a court may impose is life in
prison without eligibility of parole for 25
years.
9. Imprisonment for More Than Two
Years (con’t)
the recidivism rate
(repeat offenders) in
federal prisons is
about 75%. This
means that 3 out of 4
individuals return to
prison, once released.
10. The Faint Hope Clause
Section 745 of the Criminal Code:
allows murderers the opportunity to apply for early
parole.
when Canada abolished capital punishment (1976) it
also decided that 1st degree murder convictions would
carry an automatic life sentence, with parole possible
after 25 years.
the FHC allows the convicted murderer to ask the judge
for permission for parole after 15 years. If the judge
allows the parole then the accused must then apply for
parole by normal means. There are no guarantees that
parole will be granted (indeed a faint hope).
