CRIM 101 Lecture Notes - Lecture 2: Malum Prohibitum, Criminal Law Of Canada, Parole Parole
1 Dec 2017
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Document Summary
When added up, over 80% of custodial setences are for six months or less. Probation: probation is a sentence in itself, ordered by the sentencing judge at the time of sentencing, offender cannot apply for probation, although his or her lawyer can argue that their cilent should be sentenced to probation. Parole: parole is not a sentence; a convicted offender sentenced to imprisonment is eligible to apply for parole, unlike breach of probation, breach of parole does not require a new criminal charge or a new criminal trial. If the parole board is satisfied that parolee is in violation of his or her parole conditions, and/or poses an undue risk to society, they can suspend or revoke the prarole, and the put the individual back in prison. In cases where parole is not completed successfully, this is more often due to a breach of parole conditions than it is to new criminal charges.
