If a plea is entered, or an Accused is found guilty, the process
will shift to one of sentencing. A number of factors (called
aggravating and mitigating factors) are considered. These include the
nature of the offence, any criminal record, likelihood for
rehabilitation, any time served in custody before trial or onerous
release conditions, etc. The court may also order a pre-sentence report
be prepared by a probation officer and adjourn sentencing proceedings
to allow this to happen. Possible sentencing alternatives for adults
include the following (note that sentencing for youth can be quite
different):
- Absolute Discharge.
This does not carry a criminal conviction and does not include any
further consequences. This record will be "discharged" one year after
sentencing.
- Conditional Discharge. This does not
carry a criminal conviction but will involve certain conditions,
usually probation. This record will be "discharged" three years after
probation is complete.
- Suspended Sentence. This is a criminal conviction but without further sanctions, besides probation.
- Fine order.
- Conditional
Sentence. This is essentially a jail sentence served in the community,
usually a portion of this sentence involves house arrest.
- Custody.
It
is important to note that while a discharge does not technically give
someone a criminal record, it can potentially have employment
implications. A discharge may also affect sentencing upon a subsequent
finding of guilt. Additionally, it may affect someone's immigration
status as well as the ability to cross the American border (American
authorities view a discharge as a criminal conviction). It is best to
contact an immigration lawyer if these are relevant concerns.
The
National Parole Board allows persons found guilty of criminal offences
after a certain amount of time has passed. A pardon has implications
similar to that of a discharge.