An intermittent sentence allows you to serve your time in prison in intervals, typically on weekends. For example, if you are sentenced to a 60-day intermittent jail term to be served on Saturday and Sunday, it would take a total of 20 weekends to completely serve your sentence. In other words, a 60-day jail term means you are required to serve ⅔ of your sentence or 40 days in jail.
A suspended sentence means that there is a conviction entered against you (i.e., you will receive a criminal record), but the judge suspends sentencing you and you are released on various conditions set out in a probation order. If you fail to follow any of your probation conditions, the judge who sentenced you can order you back to court and potentially sentence you to a jail term for your original charge. You could also be charged with breach of probation under the Criminal Code. In other words, if you receive a suspended sentence of probation, it simply means you are placed on probation. If you successfully comply with all the terms of your probation, your sentence will end upon completion of your probationary period.
Suspended sentences or intermittent (i.e., weekend) sentences are lenient sentencing options that are only available for very minor sexual assault cases where the court determines that public safety can be maintained without immediate and continuous jail time. Factors such as the nature of the offence (i.e., whether it is a minor and non-aggravated sexual assault at the lesser end of the scale) the background and prior good character of the defendant, and the potential for rehabilitation, are all carefully weighed by the sentencing judge. When an intermittent sentence is imposed for a minor sexual assault charge, it often is the court’s consideration of your employment situation, caregiving responsibilities, or other personal circumstances that argue against full time imprisonment.
A suspended sentence does not require you to spend time in custody but carries specific conditions. Usually this indicates the court’s choice to prioritize rehabilitation and the opportunity for you to make amends within the community under the supervision of a probation officer. However, this sentencing option is typically not granted for most sexual assault convictions, given the gravity of such offences. A judge would only consider a suspended sentence for a very minor and non-aggravated sexual assault such as perhaps where the accused briefly touched a woman’s clothed buttocks or breast in a bar setting.
Types of Sentences
- Imprisonment: A lengthy jail term is typically the only sentencing option for serious sexual assault convictions. There are mandatory minimum terms of imprisonment for various factual scenarios, including when the victim is under age.
- Fine: In some cases, you may be ordered to pay a fine which can be accompanied by other forms of sentencing.
- Conditional Sentence: Also known as house arrest, a conditional sentence allows you to serve your time outside of custody under strict conditions, like a curfew. You may be allowed to continue your employment, but otherwise be confined to your residence with exceptions for once a week grocery/necessities of life like shopping, attending medical appointments, religious services, or counseling. A conditional sentence of house arrest is not available if you were convicted of a sexual assault which has a mandatory minimum jail term.
- Probation: A suspended sentence of probation typically involves supervision and adherence to conditions such as reporting to a probation officer, a counseling requirement, victim non-contact orders, and community service. An accused who is sentenced to under 2 years in jail will also typically be sentenced to a period of probation ranging from 1-3 years which commences upon their release from prison.
- Conditional and Absolute Discharges: For certain very minor or non-aggravated sexual assaults, a judge may in rare circumstances consider sentencing you to a conditional discharge. This means that you will be found guilty of sexual assault, but you are not convicted of the charge and you do not receive a criminal record. Conditional discharges are a rarely used sentencing option for sexual assault matters. A conditional discharge is a lenient option which is reserved for “lesser end of the scale” factual scenarios which are not serious sexual assaults. Absolute discharges for sexual assault charges are almost unheard of in Canadian criminal law because they are contrary to the public interest.
- Concurrent and Consecutive Sentences: If you are convicted of multiple charges, your sentences may be served at the same time (concurrent) or one after another (consecutive) depending on the facts of your case.
Conditional Sentences and Probation
A conditional sentence or probation order requires the individual to comply with specific conditions, such as staying away from the complainant or areas where children are present, known as prohibition orders. Victim surcharge payments may also be mandated. Breaching these conditions can result in more severe penalties, criminal charges and imprisonment.
Judges in sexual assault cases typically may impose a conditional sentence to focus on the accused’s rehabilitation while maintaining public safety. The Supreme Court of Canada has stated that conditional sentences can successfully address general and specific deterrence and satisfy other established sentencing principles which are set out in the Canadian Criminal Code.
Intermittent Sentence Explained
An intermittent sentence is a sentence served in intervals of time, typically on weekends, allowing you to maintain employment and possible other personal duties during the week. It’s designed for sentences of 90 days or less. Any misconduct may lead to serving the sentence and jail time continuously.
Suspended Sentence and Its Conditions
A suspended sentence is given when your sentence is postponed, and you are placed on probation instead. During the probation period, you must comply with various conditions, such as community service or attending counseling sessions. Violating these conditions may result in the judge who originally sentenced you bringing you back to court and sentencing you to a jail term. The Supreme Court of Canada upholds that suspended sentences contribute to the criminal justice system by focusing on rehabilitation. The Supreme Court of Canada has also confirmed that conditional sentences involving house arrest can serve the community’s interests.