Conditional Sentencing - A Practitioner's Guide

March 1, 2023

A Conditional Sentence Order (CSO) is a form of sentence authorized by the Criminal Code for certain criminal offences. See: ss.742 to 742.7. Consitional sentencing was first introduced in 1996 to provide the courts with an alternate form of “imprisonment” – a form of imprisonment that does not require incarceration. Through the imosition of conditions, a CSO places restraints on an offender’s liberty without completely separating the offender from society. There seems little doubt that Parliament’s goal in authorizing this form of sentence was to provide courts with an alternative to incarceration for certain offences – offences that would have otherwise attracted a jail sentence (but not so serious as to attra ct a penitentiary sentence).