Failure to comply with probation order

Failure to Comply with Probation Order (Fail to Comply/Breach)

Failure to comply with a probation order is a criminal offence found under s.733.1 of the Criminal Code. An offender may be found guilty of breaching a probation order if s/he has not abided by the conditions imposed by the court with no reasonable excuse to have not done so.

Penalty

The maximum for failure to comply with a probation order is two years.

What You Should Know

In order to be found guilty of this offence, the prosecutor must first prove that such an order existed. This is ordinarily done by providing the court with a copy of the probation order. The next step would be for the prosecutor to prove that there was no reasonable excuse to breach the probation order. If the person charged with this offence is able to provide the court with a reasonable excuse, and that excuse is accepted by the court, s/he may not be charged with this offence.

It should be noted that the law states under s.732.1(2)(a) of the Criminal Code, that every probation order must include a condition that the person under it “keep the peace and be of good behaviour”, this is to say that if a person who is under a probation order does not comply with this, s/he may be may be charger with a breach of probation even though they may not have committed any other illegal acts.

Applicable Legislation s.733.1

(1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months, or to a fine not exceeding two thousand dollars, or both.

(2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

The Next Step

Lakin Afolabi is a proficient, experienced, criminal defence lawyer practicing in the London and surrounding areas. He is dedicated, impartial, straightforward and determined. If you or someone you know has been charged with failure to comply with a probation order/breach of probation, it is imperative that you are represented accurately by knowledgeable counsel. He can be reached 24 hours a day by calling 519-495-0870

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