What is an Intermittent Sentence?
An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is also required that an offender comply with conditions of a probation order when not in custody serving their sentence.
Who is Eligible for this Sentence?
According to the Criminal Code, an intermittent sentence is only available where the term of imprisonment to be served is 90 days or less. To determine whether such a sentence is appropriate, the court will also take into consideration the age and character of the offender, the nature and circumstances surrounding the offence, and the availability of appropriate accommodation to ensure compliance with the sentence.
A judge may not order a sentence be served intermittently if the offender has a history of violating probation, failing to comply with recognizances or for other reasons. The Court has the discretion to decide, in a situation where the term of imprisonment is 90 days or less, whether an intermittent sentence is appropriate.
Do I have to Serve an Intermittent Sentence on the Weekend?
No. Although it is common to serve an intermittent sentence from Friday to Monday, an offender that is serving one can elect to serve their time at any point during the week. For example, such a sentence could be served Monday to Wednesday.
What if I Re-Offend while Serving an Intermittent Sentence?
If a person re-offends while serving an intermittent sentence and is subsequently sentenced to a further term of imprisonment, the intermittent portion of the sentence will have to be served on consecutive days, like a regular sentence.
Lakin Afolabi is a criminal defence lawyer in London, Ontario who has successfully obtained intermittent and other favourable sentences for people facing the possibility of a term of imprisonment. If you or someone you know is charged with an offence, call him for a consultation.