Suspended sentence

A disposition after conviction where the judge suspends passing sentence, while imposing conditions on the accused’s release by means of probation orders. If the conditions are breached, the court may sentence the accused for the original offence.

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A judge’s order that the sentence given to a guilty person need not be imposed, provided that the offender meets certain conditions set by the court. If the offender does not meet the conditions, the judge can pass sentence on the initial charge. A new charge may be laid for breaking the suspended sentence as well.

A judge may choose to suspend the imposition of the sentence and, instead, put an offender on probation. If the offender breaches probation, the judge may then order the offender returned to court and impose a jail term for the original offence. At this time, the offender may also be charged with the federal criminal offence of breaching probation. In issuing a suspended sentence, the court must consider the accused’s age and character, the nature of the offence, and the circumstances surrounding its commission.

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