What is a conditional sentence in Canada?
A conditional sentence order (CSO), often called house arrest, is a sentence of imprisonment served in the community under strict conditions such as house arrest and curfew. It is available under Criminal Code s.742.1 only where the appropriate sentence is less than 2 years and other criteria are met.
When is a conditional sentence not available?
A CSO is barred where the offence carries a mandatory minimum sentence, where the appropriate term is 2 years or more, and for certain terrorism and criminal organization offences. Bill C-5 (2022) repealed many earlier exclusions, so more offences now qualify than before.
What conditions come with a conditional sentence?
Mandatory conditions include keeping the peace, appearing in court as required, and reporting to a supervisor. Optional conditions typically include house arrest or curfew, abstaining from alcohol or drugs, community service, and no-contact orders. Breaching without lawful excuse can result in serving the remainder in custody.
What happens if I breach a conditional sentence?
On an alleged breach, the offender may be brought back before the court. If the breach is proven on a balance of probabilities without reasonable excuse, the court can order the offender to serve part or all of the remaining sentence in jail. This is a lower standard than a criminal trial.