Domestic Violence Court Action
When added to a plan of supervision, our systems may help satisfy the Court that an accused person who would otherwise be detained can be released. In addition to creating opportunities for accused persons to be released who would otherwise have been detained, a period of pretrial release with house arrest can be counted as a mitigating factor on sentencing.
A Conditional Release Sentence
A conditional release/sentence with strict terms and effective monitoring is a powerful and flexible sanction for meeting the Criminal Code’s goals of securing the good conduct of the offender and preventing the offender from repeating the same offense or committing other offenses. Electronic Monitoring means that breaches will be detected; and the Canadian Criminal Code’s unique process for prosecuting breaches of conditional sentences means that consequences can be imposed swiftly and tailored to fit the circumstances of each case. When house arrest, curfew compliance, geographic restrictions, and/or abstaining from or limiting consumption of alcohol are seen by the Court as appropriate terms of a conditional sentence, our equipment ensures that the order cannot be breached with impunity, and enables the sentence supervisor and Court to operate with complete, reliable information about the offender’s behavior. Offering a conditional sentence with electronic monitoring will help the Crown and defense resolve more cases without the possible need for a trial. At contested sentencing hearings, the Crown or defense may see it as desirable to include a conditional sentence with monitoring terms as part of their proposed sentence. For the defense, electronic monitoring creates opportunities for a non-jail sentence. For the Crown, electronic monitoring provides a robust tool for confirming compliance, protecting the public and rehabilitating the offender.
Electronic Monitoring During Probation
Electronic monitoring as a Term of probation is a powerful tool for protecting society and facilitating the offender's successful reintegration into the community. Probation with electronic monitoring will help the Crown and defense resolve more cases without the need for a trial. At contested sentencing hearings, the Crown or defense may see it as desirable to include probation with monitoring terms as part of their proposed sentence. For the defense, monitoring creates opportunities for a non-jail sentence or shorter jail sentence. For the Crown, monitoring provides a robust tool for confirming compliance, protecting the public and rehabilitating the offender.
A Peace Bond
A peace bond is a court order used to keep you from committing (or recommitting) a crime. It requires you to agree to specific conditions to keep the peace. A peace bond can also be brought against you while you are in a correctional center for a previous offense. The formal legal name for a peace bond is “810 recognizance.” The court can order a peace bond even if you have not been charged or convicted. (According to section 810 of the Criminal Code: the court may order an 810 recognizance (peace bond) for a period not more than 24 months; no convictions or charges are necessary for an 810 recognizance to be ordered; and a section 810 recognizance is supervised like a probation order because of the threat of harm to a community or person it is intended to address.) The following are a few examples of conditions a judge can impose on you.* Staying away from particular people or places.* Not carrying weapons.* Not using drugs or alcohol.* Obeying curfews (a specific time of the day after which certain rules apply). * Reporting regularly to police or a probation officer. If you do not obey the conditions of a peace bond, you could be charged with a criminal offense and may be placed on probation for up to three years, fined up to $5,000 (in BC) and/or sentenced to jail for up to two years. An order placing you on a peace bond is not a criminal conviction, but criminal charges may be laid if you do not follow the conditions.
A No Contact Order
When you are released from custody you may be given release conditions that you must follow. These conditions are referred to as terms of release, and may include no contact conditions. Conditions might include that you stay away from certain people, such as the victim, or places, such as the victim’s residence.You may also be subject to a court order that you not contact someone, such as the victim. Bail, probation and restraining orders and peace bonds may all include no contact conditions.The judge will make such an order if they believe you pose a danger to another person and want to ensure you have no contact with that person. The judge can order a peace bond or restraining order even if you have not been charged, convicted or sentenced. These are also referred to as protection orders.Whether they are contained in your terms of release or in a court order, it is important that you fully understand all conditions you are subject to. Breaching any of them can have serious consequences. Be sure to discuss your conditions with your parole, probation officer or consult with a lawyer. All criminal and civil court orders containing no contact conditions issued against you in B.C. are put into a confidential computer database called the Protection Order Registry. These court orders are sent to the Protection Order Registry the day they are issued and are immediately entered into the database. Police have 24-hour access to the Protection Order Registry. This allows police to enforce criminal and civil protection orders by being able to obtain a copy within minutes.
A Restraining Order
A restraining order is an order from a judge that you have no contact with another person and sometimes their family members, too. It may also impose other restrictions on you. For example, you may be ordered not to go to certain places or not to use alcohol in certain circumstances. Any conditions you have to follow will be spelled out in the restraining order.The Consequence of Disobeying a Restraining Order If you do not obey a restraining order, you could be fined up to $5,000 or given a custodial sentence of up to two years.
Parole is a type of conditional release. It gives you the opportunity to serve part of your sentence in the community, under supervision and under certain conditions. All offenders must be considered for a conditional release when being held in a correctional center. The Correctional Service of Canada is responsible for supervising provincial offenders (serving sentences in a provincial correctional center) and federal offenders (serving sentences in a federal correctional center) while they are on parole. The Parole Board of Canada decides whether provincial and federal offenders should be released on parole