What sentences might I get in my criminal case?

If you're found guilty of a crime, a judge must you. The type of sentence you can get depends on:

  • the crime you've been found guilty of
  • the circumstances of the crime
  • your personal circumstances

Some criminal offences have a specific type or length of sentence that must be given. These are called mandatory minimum sentences.

Depending on the sentence you get, you can have a permanent criminal record or a temporary record. 

Talk to a lawyer or to understand the types and lengths of sentences you may receive if you or are found guilty after a .

Types of sentences

Before deciding to send you to jail, the judge should consider other possible punishments. A sentence can range from no jail time, such as an absolute or , or a , to having to go to jail.

If you're , you will not have a criminal record. But there will be a temporary record of your discharge for a specific period of time. At the end of that time, the record is automatically removed. You can be given:

  • an and allowed to leave without any conditions, or
  • a conditional discharge and required to follow conditions on for a up to 3 years.

If your sentence is not a discharge, you will have a permanent criminal record. There are different types of sentences that result in a permanent criminal record, including:

  • suspended sentences
  • conditional sentences
  • fines
  • imprisonment

To remove the conviction from your criminal record, you must apply for a .

Probation Orders

Usually when you're sentenced to jail time less than 2 years, you're also given a probation order. While on probation, you may have to follow certain conditions and report to a probation officer regularly.

You can be on probation for up to 3 years after being in jail, serving a , or receiving a conditional discharge.

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