Intermittent Sentence
An intermittent sentence is a custodial sentence of 90 days or less that is served in non-consecutive periods — typically on weekends — allowing the offender to maintain employment, family responsibilities, or educational commitments during the week. Authorized by section 732 of the Criminal Code. Intermittent sentences are a middle ground between conditional sentences (served in the community) and standard custodial sentences (served continuously).
Mass Tsang's criminal lawyers advocate for intermittent sentences in suitable cases as part of overall sentencing strategy. For more, see our blog post on how to avoid a jail sentence in Ontario.
Eligibility
An intermittent sentence is available only where the total sentence is 90 days or less. Sentences over 90 days must be served continuously. The court must also be satisfied that an intermittent sentence is consistent with the purposes of sentencing — proportionate to the offence, sufficient to denounce and deter, and appropriate to the offender. Mandatory minimum sentences can prevent intermittent options where the minimum exceeds 90 days.
How it works in practice
Most intermittent sentences in Ontario are served on weekends: the offender reports to a provincial detention facility Friday evening and is released Sunday or Monday morning, returning the following weekend until the sentence is complete. Probation conditions typically apply during the at-large periods, requiring the offender to keep the peace, abstain from alcohol or drugs, attend counselling, and meet other conditions tailored to the case.
Why intermittent sentences matter
Intermittent sentences allow continued employment, family caregiving, and treatment program attendance. For offenders with significant personal responsibilities, the difference between a 30-day continuous sentence and a 30-day intermittent sentence can be the difference between losing a job and keeping it. The Crown will sometimes consent to an intermittent sentence as part of a joint submission or as a mitigated outcome on a guilty plea.
Breach
Failure to report at the required time, or breach of the probation conditions during the at-large periods, can lead to revocation of the intermittent terms and an order that the remaining sentence be served continuously. Breach of probation can also lead to fresh charges under section 733.1.
Limitations
Intermittent sentences are not available where conditional sentences are unavailable, mandatory minimums apply that exceed 90 days, or the total sentence exceeds 90 days. The court has discretion — intermittent service is not an automatic right.
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