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Have You Been a Victim of Crime? What's Next… - Office for Victims ...

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33<br />

Imprisonment<br />

A judge may sentence an <strong>of</strong>fender to serve time in prison. A judge can also order a “no<br />

contact order” as part <strong>of</strong> a prison sentence. This means that the <strong>of</strong>fender is not allowed<br />

to call you while s/he is in prison.<br />

If the prison sentence is less than two years, the <strong>of</strong>fender will be sent to a provincial<br />

prison; this may be combined with probation.<br />

If the sentence is two years or more, the <strong>of</strong>fender will be sent to a federal prison. There<br />

are minimum, medium and maximum federal security prisons. The security level a<br />

prisoner is held under is determined by the risk s/he poses within the prison, and not<br />

the seriousness <strong>of</strong> the crime.<br />

Intermittent sentence<br />

Where a judge orders a sentence <strong>of</strong> 90 days or less, s/he may order that the sentence<br />

be served intermittently (in blocks <strong>of</strong> time), such as on weekends. This allows the<br />

<strong>of</strong>fender to be released into the community <strong>for</strong> a specific purpose, such as going to<br />

work or school, caring <strong>for</strong> children, or <strong>for</strong> health reasons.<br />

An intermittent sentence is always accompanied by a probation order, which governs<br />

the <strong>of</strong>fender’s conduct while s/he is out <strong>of</strong> jail. If the <strong>of</strong>fender breaches the conditions<br />

<strong>of</strong> the probation order, s/he can be charged with a new <strong>of</strong>fence <strong>of</strong> breach <strong>of</strong> probation<br />

and may have to serve the rest <strong>of</strong> the sentence in prison.<br />

Conditional sentence<br />

A conditional sentence is a sentence that is served in the community rather than in<br />

prison. It can be ordered only <strong>for</strong> periods <strong>of</strong> less than two years. A judge will not order a<br />

conditional sentence unless s/he is satisfied that serving the sentence in the community<br />

will not endanger public safety. One type <strong>of</strong> conditional sentence is house arrest, where<br />

the <strong>of</strong>fender is confined to his/her home except <strong>for</strong> special permission to attend such<br />

things as medical appointments or legal proceedings.<br />

The Criminal Justice Process<br />

An <strong>of</strong>fender who is serving a conditional sentence will be subject to certain conditions<br />

contained in a conditional sentence order. If the <strong>of</strong>fender fails to comply with the<br />

conditions, s/he may have to return to court, and may then be ordered to serve the<br />

rest <strong>of</strong> the sentence in prison.<br />

Ministry <strong>of</strong> the Attorney General

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