A Conditional Sentence Order (CSO) is an alternative to traditional imprisonment in which a convicted offender spends their sentence outside of jail, which is why it is often referred to as “house arrest.” It was enacted to address the burgeoning rate of imprisonment in Canada—one that was higher than that of many Western European nations, though significantly lower than that in the United States.
Bill C-41 was introduced and became law on September 3, 1996. This new law created “conditional sentencing” with the aim of reducing the incarceration rate while also cutting the high cost of imprisoning offenders for certain types of crimes, in specific circumstances, and under a strict set of rules.
How does a conditional sentence order work?
When a person is convicted of a criminal offence, the judge generally has discretion as to what type of sentence to impose. Depending on the type and nature of the crime, the length of the sentence, the offender’s history, the likelihood of re-offending, and whether there were any aggravating factors, a CSO may be granted by the court.
A CSO is a type of sentence that is not meant to be purely punitive but rather to address factors such as rehabilitation and deterrence while also being proportional to the gravity of the offence.
An offender who receives a conditional sentence order is required to:
- Remain in their house at all times, with the possible exceptions of going to work or school, attending religious services, shopping for necessities, and medical or similar appointments.
- Report to their probation officer.
- Notify the court as to any changes in home address, occupation and workplace.
- Refrain from owning a firearm or other weapon.
- Adhere to their curfew.
- Maintain sobriety.
- Keep the peace and exhibit good behaviour.
- Pay restitution.
The judge will specify all the terms of an offender’s conditional sentence order, which may include other requirements such as providing a DNA sample and following a no-contact order.
Who is eligible for a conditional sentence order?
One of the main principles behind a conditional sentencing order is the consideration of “reasonable conditions” for “securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences.” True, though that may be, not every criminal offender is eligible for conditional sentencing. Typically, a CSO is an option when the crime is non-violent, there is a low risk of danger to the community, and the imposed sentence is for less than two years.
Therefore, certain offences, such as drug trafficking, sexual assault, terrorism, attempted murder and others, carry mandatory minimum sentences and are ineligible for conditional sentencing. The judge considers all factors of a given case before deciding on whether a CSO is an acceptable sentence.
Specifically, the law states that:
742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if
(a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;
(b) the offence is not an offence punishable by a minimum term of imprisonment;
(c) the offence is not an offence under any of the following provisions:
(i) section 239, for which a sentence is imposed under paragraph 239(1)(b) (attempt to commit murder),
(ii) section 269.1 (torture), or
(iii) section 318 (advocating genocide); and
(d) the offence is not a terrorism offence or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more.
What are the penalties for breaching a conditional sentence order?
Since a CSO is a highly favourable option to imprisonment, adherence to the rules is critical. However, a breach of a conditional sentence order does not automatically mean that the rest of the sentence would automatically be served in jail. In fact, the court will look at the “balance of probabilities” that a breach occurred. In other words, based on the evidence presented, the judge will decide whether it is more likely than not that an offender broke the terms of his or her CSO. What the judge cannot do is increase the time of the sentence beyond the duration of the conditional sentence order.
Based on what is presented, the judge makes the decision as to the proper action, taking into account things such as hardships suffered and the severity of the breach. The judge can decide to:
- Take no action, meaning that the judge deems that the breach caused no harm.
- Terminate the conditional sentence order and commit the offender to serve their sentence in prison or jail.
- Suspend the conditional sentence order and have the offender serve a portion of their sentence in jail; then resume the conditional sentence order upon their release from jail.
- Change the terms of the optional conditions.
When should you seek legal help for a conditional sentence order?
If a crime committed is eligible for a conditional sentence order, it is in your best interest to make sure that you work with criminal defence lawyers in Saskatchewan who understand the courts and who will fight to get you the best possible outcome. A conviction does not have to mean prison.
As your legal representatives, we know the stress that comes with worrying about what type of sentence the judge will hand down. As the courts and legislature in Canada lean into choosing rehabilitation over recrimination and a desire to reduce incarceration where possible, the lawyers at Nychuk & Company can help ensure that you not only get the option of a CSO but will negotiate favourable terms with the Crown Prosecutor.
Reach out for skilled legal guidance today.
To learn more about how we can help and discuss your case, please contact us online or call our office at 306-359-0202 to set up a consultation either in-person or remotely. We have successfully served clients in Regina and throughout Southern Saskatchewan for more than 30 years.