A Conditional Sentence Order is sometimes called “house arrest”, and it is primarily used where the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; the offence does not have a maximum penalty of 14 or life; the offence is not an offence punishable by a minimum term of imprisonment; the offence is not an offence under any of the following provisions (section 239, section 269.1, section 318); the offence does not have a maximum penalty of 10 years of which is a terrorism offence, or a criminal organization offence, or involves bodily harm, involves the import, export, trafficking or production of drugs, or involves the use of a weapon.
Technically, a Conditional Sentence Order (CSO) is a form of incarceration. It was implemented to reduce the reliance on incarceration as a sanction and increase restorative justice objectives. However, a court must consider that a sentence in the community would not endanger the safety of the community, and a risk assessment will be done by a Judge on this basis.
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