Conditional Sentence Orders: What Are They And How Do They Work?

Conditional sentence orders are the formal name in Canada for what is colloquially known as ‘house arrest’, or community-based sentences, as an alternative to incarceration for certain offenders. While not on the table for every crime, especially severe ones, they’re an interesting alternative to traditional punishment methods like incarceration and should be on everyone’s radar.

Formally Defining Conditional Sentence Orders

A conditional sentence order is a form of punishment where an offender serves their sentence in the community under strict conditions rather than in a correctional facility. This sentencing option is governed by section 742.1 of the Criminal Code of Canada. Judges may impose conditional sentence orders for offences that do not carry a mandatory minimum sentence and are not considered serious personal injury offences.

To qualify for conditional sentencing, there are some criteria to meet:

• No minimum sentence is required under the law for the offence.
• A ‘typical’ sentence would not be longer than 2 years for the offence.
• The offence was not specifically disqualified from eligibility for a conditional sentence under the Criminal Code of Canada.
• The risk of re-offending under a conditional sentence order must be low.

Over the years, the Canadian legal system has seen an evolution in the application and perception of conditional sentence orders. Early concerns about leniency and public safety led to legislative amendments in 2007, restricting the use of conditional sentences for specific offences. This legislative response aimed to strike a balance between the goals of rehabilitation and protecting the public.

When Do Courts Use Conditional Sentences?

There are no default criteria for eligibility for a conditional sentence order. Instead, the court will carefully consider a range of factors, including:

• The nature and severity of the offence,
• The offender’s criminal history, and
• Potential risks to the community.

Of course, some severe offences are always off the table- such as terrorism-related crimes and offences with mandatory minimum sentences. Other than that, one of the defining features of conditional sentence orders is the considerable discretion granted to judges. Each case is carefully considered on its unique merits, considering the principles of proportionality and individualization of sentencing. This discretionary power allows for a tailored response to the unique circumstances of each offence and offender.

If a conditional sentence is determined to fit the crime, stringent conditions are used to ensure compliance. These will also be tailored to address both the circumstances and the offender. Common conditions include curfews, electronic monitoring, and restrictions on travel.

What Does ‘House Arrest’ Really Mean?

Naturally, being under ‘house arrest’ doesn’t mean the offender can simply do what they want. Here are some key features typically used with these conditional sentences:

• Curfew: Offenders under house arrest must remain at their specified residence during certain hours. This is enforced through a strict curfew and monitored through electronic surveillance (if deemed necessary).
• Electronic Monitoring: Offenders may be required to wear electronic monitoring devices such as ankle bracelets. This helps authorities track their movements and ensures compliance with the imposed conditions. They’re not used in every case but are common.
• Restricted Activities: The court may impose specific restrictions on the offender’s activities, such as limitations on travel outside a designated area. Exceptions may be made for work, medical appointments, or other essential activities like buying groceries.
• No Contact Orders: Offenders may be prohibited from contacting certain individuals, especially victims or witnesses associated with the case. This is designed to prevent further harm or intimidation.
• Drug and Alcohol Testing: Conditional sentence orders often include provisions for mandatory drug and alcohol testing to ensure abstinence during the period of house arrest.
• Reporting Requirements: Offenders are required to regularly report to a probation officer, providing updates on their activities, employment, and adherence to the conditions.

What Happens If The Conditional Sentence Is Breached?

Unlike classic probation orders, the most typical response to a conditional sentence being broken is to send the offender to jail for the remainder of the term specified. So if it was broken 6 months into a 24-month conditional sentence order, the offender would have to serve the remaining 18 months in jail.

However, judges do again have some discretion and can choose other options if they feel they fit better.

Are Conditional Sentences Well Received By The Public?

Conditional sentence orders have not been without controversy, with some critics arguing that they undermine the deterrent effect of criminal sanctions. Others feel it’s a better way to make sure more minor offences have a punishment that fits the crime.

Public perception often hinges on high-profile cases, which typically influences public perception based on the merits and the manner in which the conditional sentence order was applied in each case. So balancing the need for rehabilitation with public safety concerns remains a delicate challenge for the Canadian legal system.

Conditional sentence orders play a vital role in the Canadian legal landscape, providing an alternative to traditional incarceration and emphasizing rehabilitation. But there is a careful balance to be struck between individualized justice and public safety. As the legal system continues to evolve towards rehabilitation where possible, understanding the intricacies of conditional sentence orders helps to encourage informed discussions and shape more effective criminal justice policies in Canada.