Probation

Probation is a sentence of the court that allows a young person or adult who has been found (or pled) guilty of a crime, to remain in the community under specific conditions.

It is designed to motivate the individual to become a more responsible person in the community and to live a law-abiding life. It is also designed to encourage responsible interaction between the individual and the community while ensuring public safety.

A probation order is a court document containing condition(s) to which the sentenced person must adhere. Probation can last up to three years and include conditions like reporting to a probation officer, abstaining from alcohol/drugs, or observing a curfew. Orders can also contain any condition that could reasonably restrict the individual and encourage a law-abiding lifestyle.

Under certain circumstances, the probation order can be changed by the sentencing judge at the request of the client or, in the case of a young person, a parent or guardian, the probation officer, or the Crown prosecutor.

In many instances, the court requires more information about a person before deciding on a sentence and may ask a probation officer to prepare a pre-sentence report. This report provides background information about the person’s character, family involvement, peer group, employment, education and any other relevant information which helps the court to arrive at a decision on sentencing.

When deciding upon a sentence, in addition to the pre-sentence report, the court also considers:

• the nature of the offence
• the protection and consideration of the community
• the victim impact statement
• any other information readily available at the time of sentence.

Probation officers are provincial government employees with many functions, including preparing pre-sentence reports. They also provide supervision, guidance and enforcement of probation orders, report violations to the police, and use motivational interviewing skills to assist the client in the development of their case plans. Probation officers also make community-based program referrals for their clients. These can include referrals to help for mental health and addictions, or resources for education and career planning.

They also educate the public about the role of probation services, the criminal justice system, crime prevention, and the community’s role in dealing with reintegrating the youth or adult. Probation officers may also oversee:

• the Fine Option Program
• Community service orders
• Conditional sentence orders

Fine Option Program - allows young persons or adult offenders who are unable to pay the fine imposed on them by the court to do volunteer work for a non-profit, community, or government organization, as an alternative to a custody sentence.

Staff at regional Probation Offices can provide more information on whether an individual is eligible to participate in the Fine Option Program.

Community service orders - the court can order someone to perform a set number of hours of community service as part of their sentence. The person not only repays the community for the harm done but has the opportunity to find outlets in the community for developing skills, new interests and abilities. Rather than being punitive, community service focuses on responsibility and accountability.

Conditional sentence orders - are a court-imposed sentence in which an adult who meets the criteria to be sentenced to custody has the opportunity to serve their sentence in the community. The order contains similar conditions as a probation order but is generally more restrictive.

Judges use conditional sentences only if they are satisfied the individual is not a danger to the community and does not have a history of failing to obey court orders. Failure to abide by the terms of a conditional sentence can result in the sentencing judge sending the individual to serve the remainder of their sentence in custody.

Young people who are sentenced to supervised probation will work closely with a probation officer who will assist them in recognizing their strengths and achieving their goals.

When working with young people involved in the criminal justice system, staff at services oversee cases using a continuum of care model; that is, they ensure that young people have access to a seamless suite of programs and interventions to support them. In many cases, this involves working with Integrated Service Delivery (ISD) teams.

All youth services adhere to the Youth Criminal Justice Act and the UN Declaration on the Rights of the Child. When serving young people, probation services follow these principles: client-centred, trauma-informed, respecting rights, least restrictive.