Discharge (sentencing) - Canada

Canada

In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by Canadian Police Information Centre (CPIC) and by the charging police agency and is purged from the individual's police record after three years. The Criminal Records Act states that, except in exceptional circumstances, if the discharge is conditional, no record may be disclosed after three years. While no conviction occurs, the offender is required to fulfill certain conditions as part of the sentence. The offender is put on probation for a period of up to three years. If the offender fails to meet the conditions of the probation, or commits another criminal offence during the probation period, they may be returned to court where the discharge is cancelled and receive a criminal conviction and sentence on the original offence, and for breach of probation.

If the conditions of the discharge are met it becomes an absolute discharge.

A court may grant a conditional or absolute discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.

Read more about this topic:  Discharge (sentencing)

Famous quotes containing the word canada:

    Though the words Canada East on the map stretch over many rivers and lakes and unexplored wildernesses, the actual Canada, which might be the colored portion of the map, is but a little clearing on the banks of the river, which one of those syllables would more than cover.
    Henry David Thoreau (1817–1862)

    I do not consider divorce an evil by any means. It is just as much a refuge for women married to brutal men as Canada was to the slaves of brutal masters.
    Susan B. Anthony (1820–1906)

    What makes the United States government, on the whole, more tolerable—I mean for us lucky white men—is the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.
    Henry David Thoreau (1817–1862)