When do probation orders come into effect for inmates?
- Kate Mitchell
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A judge can impose a probation order in addition to a fine or term of imprisonment, but only if the term of imprisonment is less than 2 years.
A probation order generally comes into force on the day the order is made, meaning the sentencing date.
However, individuals who are imprisoned are treated differently. The clock runs from the time the offender is released or (if granted conditional release) at the end of the sentence of imprisonment. A similar rule applies to conditional sentences–probation starts once the conditional sentence has expired.
If an inmate who received a custodial sentence and probation order is later sentenced to a consecutive jail sentence, the original probation order will continue. This applies even if the total sentence is over 2 years.
Probation orders are meant to be rehabilitative. However, if there is a significant gap between when the sentence was imposed and when the probation order takes effect, the probation order may be rendered inappropriate. An individual subject to a probation order can bring an application to decrease the period the probation order will remain in effect.
If you need assistance with varying or terminating a probation order, contact us today.