Conditional Sentence Order (House Arrest)
A conditional sentence order (not to be confused with a conditional discharge) is, in theory, a jail sentence. However, instead of being served in an actual jail, it is served in the community.
For this reason, it is commonly referred to as house arrest. When a person is serving this type of sentence, they are required to follow certain conditions imposed by the court.
If a person is charged with breaching these conditions, a hearing is held before the court to determine whether or not they have in fact breached the conditions.
If the prosecution can prove that a person breached the terms of their conditional sentence order beyond a balance of probabilities, a judge may order that the balance of the sentence be served in a traditional jail.
What are the Benefits of a Conditional Sentence Order?
A person sentenced to a conditional sentence has the ability to serve the sentence in his/her own home. This allows the person more freedom than s/he would otherwise have and the ability to be closer to family and friends.
Additionally a person sentenced to a conditional sentence order is often given a period of a few hours every week to attend religious ceremonies and purchase any necessities.
How is a Person Sentenced to House Arrest Instead of Jail?
A person can be sentenced to house arrest if the court sentences the person to a term of imprisonment of less than two years and
1) The court finds that such a sentence would not endanger the community and is not contrary to the principles of sentencing set out in the law;
2) There is no minimum term of imprisonment for the offence;
3) The offence is not by way of indictment with a maximum sentence of 14 years or life;
4) The offence is not related to terrorism or organized crime, prosecuted by indictment, with a maximum term of ten years in prison where:
a. Bodily harm resulted
b. There was importing, exporting, trafficking, or production of drugs,
c. And a weapon was used
5) The offence was not prosecuted by indictment and falls under the following categories:
a. Prison breach
d. Kidnapping
e. Human trafficking (for material benefit)
f. Kidnapping (person under 14 years old)
g. Motor vehicle theft
h. Theft over 5000
i. Breaking and entering a place other than a dwelling
j. Being unlawfully in a dwelling
k. Arson (for fraud)
General Principles of Sentencing
In determining whether or not someone should receive a conditional sentence, the court must examine the general principles of sentence.
Take the Next Step
Lakin Afolabi is a criminal defence lawyer in London, Ontario. He has successfully obtained conditional sentence orders for individuals facing long jail sentences in a real correctional institution. If you or someone you know is charged with a criminal offence and facing the likelihood of a jail sentence call him now for a consultation.
