Template:GeneralSentencingOrders: Difference between revisions

Latest revision as of 11:15, 25 June 2019

Order	Conviction	Description
Non-communication order while offender in custody (s. 743.21)	any	The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
Restitution Orders (s. 738)	any	A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
Victim Fine Surcharge (s. 737)	any	A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).

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 * [[Imprisonment#No_Contact_Orders_while_in_Prison|Non-communication order while offender in custody]] (s. 743.21): The judge has discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
 * [[Restitution|Restitution Orders]] (s. 738): a discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
-* [[Victim Fine Surcharge]] (s. 737): A mandatory surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction.  If offence occurs on or after October 23, 2013, the order is discretionary based on ability to pay if before.
+* [[Victim Fine Surcharge]] (s. 737): A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction.
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 ! Order !! Conviction !! Description
 |-
-| [[Imprisonment#No_Contact_Orders_while_in_Prison|Non-communication order while offender in custody]] (s. 743.21) || any ||The judge has discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
+| [[Imprisonment#No_Contact_Orders_while_in_Prison|Non-communication order while offender in custody]] (s. 743.21) || any ||The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
 |-
 | [[Restitution|Restitution Orders]] (s. 738) || any ||A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
 |-
-| [[Victim Fine Surcharge]] (s. 737) || any || A mandatory surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction.  If offence occurs on or after October 23, 2013, the order is discretionary based on ability to pay and the minimum amounts are smaller (15%, $50, or $100).
+|[[Victim Fine Surcharge]] (s. 737) || any ||A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction.  If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).
 |-
 |}