- What is Adult Probation?
- What is a Probation Order?
- What is a Conditional Sentence Order?
- How long can a Conditional Sentence Order last?
- What will happen if Conditional Sentence Orders are not met?
- Who is a Probation Officer?
- What will happen if probation conditions are not met?
- How long can a Probation Order last?
- What is Community Service?
1. What is Adult Probation?
Probation is a court imposed, community-based sentence designed for offenders who require supervision, control and counselling to develop their potential as law abiding members of the community.
2. What is a Probation Order?
A probation order is a legal document which outlines the conditions an offender must fulfill while on probation. The standard conditions require the offender to keep the peace and be of good behaviour and to appear before the court when required to do so. Depending upon their individual needs offenders may be required to:
- participate in counselling programs;
- abstain from the use of alcohol and/or other prohibited drugs;
- make restitution for any damages caused;
- report to a probation officer as required;
- perform community service work; or
- comply with such other reasonable conditions as the court considers desirable.
3. What is a Conditional Sentence Order?
A Conditional Sentence Order is a Court Order which provides for offenders to serve a period of incarceration in the community obliging them to comply with specific conditions. In addition to compulsory conditions such as keep the peace and be of good behaviour; report to a supervisor as required; and remain within the jurisdiction of the Court, offenders may be subject to optional conditions such as:
- abstain from owning, possessing or carrying a weapon;
- abstain from the possession or consumption of alcohol;
- and any other reasonable conditions as the Court considers desirable.
4. How long can a Conditional Sentence Order last?
A sentencing Judge can impose a Conditional Sentence Order for any length of time to a maximum of two years less a day.
5. What will happen if Conditional Sentence Orders are not met?
Offenders who breach the conditions of a Conditional Sentence Order will be arrested, detained and appear in Court pursuant to Section 742.6 of the Criminal Code of Canada. They may be required to serve the remainder of their sentence in an institution.
6. Who is a Probation Officer?
A probation officer is a trained professional who conducts investigations, prepares pre-sentence reports for the courts and supervises offenders within the community. A probation officer assesses the offender to determine the risk of re-offending and to identify individual needs.
7. What will happen if probation conditions are not met?
An offender who fails to comply with the conditions of a probation order may be charged pursuant to Section 733.1(1) of the Criminal Code of Canada. Failure to comply can result in either an indictable offence punishable by a maximum imprisonment of two years or a summary conviction carrying a term of imprisonment for up to six months and/or a fine up to $2000.00.
8. How long can a Probation Order last?
A sentencing judge may issue a probation order for any length of time up to a maximum of three years.
9. What is Community Service?
A Community Service Order (CSO) may be imposed by the court as an alternative to imprisonment. It requires an adult offender to perform volunteer work for a non-profit agency in the community as one of the conditions of a Probation Order.