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What is a Breach (probation, undertaking)?

breach probation

What is a Breach (probation, undertaking)?

  • a breach is when someone does not comply with or violates the terms of a court order
  • there are many different types of breaches depending on the type of order
    • breach of undertaking
    • breach of recognizance
    • breach of probation

Undertaking

  • an undertaking form of release by police
  • it is essentially a promise
  • accused undertakes to abide by certain conditions during their release
  • there are many different possible conditions: to stay away from certain places, to stay in the jurisdiction, not to communicate with certain people, etc.

Recognizance

  • a recognizance also requires the accused to comply with certain conditions but there’s a financial penalty if they do not
  • a recognizance can be entered with sureties or without and with a deposit or without, depending on the circumstances

Breach of Recognizance or Undertaking

  • if you breach one of the conditions of the recognizance or an undertaking, it is an offence
  • failure to comply with the conditions is punishable by imprisonment not exceeding two years, if the crown proceeds by indictment, or the crown can proceed summarily (Criminal Code section 145(3))

Probation

  • a probation order can be a sentence on its own or can be part of a person’s sentence
  • the individual has to comply with a series of conditions
  • Some conditions are mandatory “keep the peace and be of good behaviour”, appear in court, notify the court of any changes to personal information (name, address, employer)
  • there can also be optional terms like non-communication orders, drug and alcohol conditions, etc.

Breach of Probation

  • if you fail to comply with the conditions of probation then it is a criminal offence
  • if you’re convicted of a breach of probation you could face up to 2 years in jail if the crown proceeds by indictment and up to 18-months in jail or a fine not exceeding $2000, if the crown proceeds summarily (Criminal Code 733.1(1))
  • if you commit an offence while you’re on probation it’s a failure to comply with the condition to “keep the peace and be of good behaviour”
Posted in Definitions and Explanations, Youth Matters

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