An offender who has a conviction registered against them will have a criminal record and will have to apply for a pardon to have the conviction removed. If a judge makes a finding of guilt and gives any sentence other than an absolute discharge or a conditional discharge, a conviction will be registered against the…

A finding of guilt is a ruling made by a judge. A judge will make a finding of guilt in one of two situations: an accused has pled guilty and accepts facts that amount to a criminal offence; OR the Crown has proven at a trial that an accused committed a criminal offence. Except in…

Some sentencing hearings involve a Victim Impact Statement (VIS). A VIS is usually written by the victim. This is done to allow the victim an opportunity to describe how they have been affected by the criminal offence. It can be read aloud by the victim or Crown or simply filed with the court as an exhibit….

A Pre-Sentence Report (PSR) is a report prepared by a probation officer to help the judge decide what sentence to give. It is used to find out about an offender’s background. If a judge orders a PSR, a probation officer will interview the offender, the offender’s family, friends, and employer (if they are working). A…

A joint submission is when both the Crown and the offender’s lawyer (or duty counsel) agree on the sentence they are asking the judge to give. In most cases, a joint submission will have been agreed to by lawyers in a resolution meeting. However, even when the lawyers have a joint submission, the judge does…

In most criminal cases, sentencing usually takes place right after an offender has pled guilty or been found guilty after a trial. In some cases, the judge will not impose a sentence right away, but will instead adjourn the case to a later date for a sentencing hearing. Adjourning a sentencing may happen for many…

A sentence is the penalty that is given to an offender who has pled guilty or who has been found guilty after a trial. A sentence is different from diversion or a peace bond because the judge must make a finding of guilt before a sentence can be given. Lawyers and judges will often say…

Diversion is when you are offered a chance to do something like community service or counselling to have your charge withdrawn (which means it will be dropped permanently) or stayed (put on hold for up to a year). Sometimes, the Crown can see that a case does not need to be dealt with through guilty…