Conditional Release Orders

The new law is contained in section 9 of the Act which states:

“9(1) Instead of imposing a sentence of imprisonment or a fine (or both) on an offender, a court that finds a person guilty of an offence may make a conditional release order discharging the offender, if:

(a) the court proceeds to conviction, or

(b) the court does not proceed to conviction but makes an order under Section 10 bond.

(2) In deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors:

(a) the person’s character, antecedents, age, health and mental condition,

(b) whether the offence is of a trivial nature,

(c) the extenuating circumstances in which the offence was committed,

(d) any other matter that the court thinks proper to consider.”

This means a conditional release order is more likely where an offence less serious, there were reasons behind its commission and the defendant is otherwise a person of good character.

That said, conditional release orders are not restricted to specific categories of offences – rather, a court can order a CRO for any offence.

CROs cannot be made in the absence of the defendant.

A CRO must contain the following conditions:

• That the defendant not commit any further offences,
• That the defendant must attend court if called upon to do so.

A person will only normally be called upon to attend court if he or she breaches the order.

Additional conditions that can be placed on a CRO are:

• To participate in rehabilitation programs or receive treatments,
• Abstain from alcohol, drugs or both,
• Not associate with particular persons,
• Not frequent or visit particular places,
• Come under the supervision of community corrections officers or, in the case of young persons, juvenile justice officers.

A CRO cannot include:

• A fine,
• Home detention,
• Electronic monitoring,
• A curfew, or
• Community service work.

The defendant or a community corrections officer can apply to a court to revoke, amend or add conditions to a CRO at any time after it is ordered.

However, the mandatory conditions must remain in place.

A CRO can last for up to two years.

If it is suspected that a CRO condition has been breached, the defendant may be ordered to attend court to determine whether a breach has in fact occurred.

If a breach is established, the court may:

• take no action
• add, change or revoke conditions, or
• revoke the CRO in its entirety.

If the CRO is revoked, the defendant will be resentenced for the original offence.