What are the criminal sentence options in BC?

Being found guilty of a crime doesn't automatically mean going to jail. Sentencing guidelines are described in the Criminal Code of Canada. A BC judge has several criminal sentencing options, as shown below. Some can be combined.

Discharge: The judge finds the person guilty but doesn't register a conviction. The guilty party is free to go. Discharges are usually reserved for less serious offences where it's in the person's best interest and not contrary to the public interest. An absolute discharge takes effect right away and leaves no criminal record. A conditional discharge comes with probation conditions for a set period. If the conditions are followed, the person ends up with no conviction and no criminal record. If the conditions are broken, the judge can cancel the discharge and sentence the person for the original offence instead.

Probation: This means that the accused has to follow certain conditions that the judge sets. For example, reporting to a probation officer or staying away from certain people or places. The accused is still convicted of the crime, but the sentence is suspended (on hold) while the accused is on a term of probation. If the person breaks the probation conditions, they can be charged with breach of probation, and the judge can also cancel the suspended sentence and impose jail time for the original offence.

Fine and Restitution: A judge can order a fine, on its own or along with probation or jail. A judge can also order restitution, which means that the person must make things right. For example, the accused might have to repair property damage or replace stolen property.

Conditional Sentence: The person serves their jail sentence in the community instead of in custody, under strict conditions (like a curfew or house arrest). A conditional sentence is only possible if the sentence is 2 years and there is no mandatory minimum sentence. It is not available if the accused has committed a very serious crime. If the person breaks the conditions (rules), a judge can order some or all of the remaining time be served in jail.

Jail: How long a jail sentence can be depends on how the offence is prosecuted. If it is a summary conviction offence (less serious), the maximum is 2 years in jail and up to $5000 fine. If it is an indictable offence (more serious), the maximum sentence is set out for that specific offence, which can be up to life imprisonment. If no maximum is specified, the default maximum is 5 years. If an accused is convicted of two crimes, a judge can order that the sentences be served consecutively (one after the other) or concurrently (at the same time).

The information provided above is for adults found guilty of a crime. Young people (under 18) are sentenced according to Canada’s Youth Criminal Justice Act - see YCJA.ca to learn more about youth sentencing.

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