Probation can be an alternative to incarceration for offenders giving them a chance to reintegrate into society while abiding by certain orders.
To ensure you don’t break your probation order and face consequences, it’s critical to understand probation.
WHAT IS PROBATION?
When someone is placed on probation after being accused of a crime, they must follow the guidelines laid out in their probation order. When an offender receives a conditional discharge, suspended sentence, or intermittent sentence, they are sentenced to probation. For those who get a conditional sentence, a fine, or both, probation may also be required.
WHAT ARE PROBATION ORDERS?
A probation order goes into effect the day it is given or, in the case of someone serving a jail sentence, the moment they are released from custody. The probation order begins to run on the last day of the conditional sentence if the offender received a conditional sentence, meaning they were to serve it in the community or at home.
A probation order can be granted for a maximum of three years, and more than one probation order cannot be granted at the same time. However, a probation order may be withdrawn, altered, or terminated before its expiration date.
THE ROLE OF A PROBATION OFFICER:
A probation officer’s duties include:
- Ensuring the offender complies with probation conditions
- Filling out the required paperwork for the courts and the prison employees
- Evaluating the offender’s conduct and deciding on case management strategies, such as suggesting rehabilitation initiatives
- Assisting with community integration, such as finding employment and housing
- When a reporting frequency for offenders is not defined, it is decided based on public safety, rehabilitation needs, and risk factors
WHAT ARE PROBATION CONDITIONS?
Probation conditions an offender may need to follow include:
- Staying in the same location and jurisdiction unless permitted otherwise
- Not using, carrying, or owning firearms or other weapons
- Abstaining from alcohol or drug use, except for prescription drugs
- Engaging in a program for drug or alcohol rehabilitation
- Completing a set number of community service hours
- Obeying curfew orders
- Providing bodily fluid samples for drug or alcohol testing if ordered
- Avoiding association with known criminals or criminal areas
- Stay away from particular people or schoolyards as stated in your probation conditions
CAN EXCEPTIONS TO A CONDITION OF A PROBATION ORDER BE ORDERED?
It is possible to ask for a Probation Order condition to be waived or altered. One example could be when someone who’s been ordered to have no contact provides written consent to a variation that allows you to see them, the Crown may allow the variation. This is a tricky legal maneuver however so you should speak with your lawyer to determine the proper steps to take in order to modify any conditions of your probation order.
WHAT HAPPENS IF YOU BREACH PROBATION?
Section 733.1(1) of the Criminal Code of Canada states that an individual bound by a probation order who, without a valid reason, violates the terms of their probation may be found guilty of a crime.
Penalties Include:
- An indictable conviction offence for violating probation carries a potential sentence of four years in prison.
- An summary conviction offence carries a maximum sentence of eighteen months in prison, a maximum fine of $5,000, or both.
If found guilty of violating their probationary terms or committing another offence while on probation, the person may lose their discharge and be subject to extra sentence and a criminal record for breach of probation.
HAVE YOU BREACHED YOUR PROBATION?
If you are charged with breach of probation or any other criminal offence, reach out to Collett Read LLP for a confidential consultation today. Visit our contact page or call us at (905) 541-2228. Let us help you navigate through this difficult time.
