What sentences might I get in my criminal case?

If you're found guilty of a crime, a judge must sentence 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 duty counsel to understand the types and lengths of sentences you may receive if you plead guilty or are found guilty after a trial.

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 conditional discharge, or a suspended sentence, to having to go to jail.

If you're discharged, 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 absolute discharge and allowed to leave without any conditions, or
• a conditional discharge and required to follow conditions on probation 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 record suspension.

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 conditional sentence, or receiving a conditional discharge.