Intermittent Sentences

What Is an Intermittent Sentence?

An intermittent sentence is a form of imprisonment that allows a person to serve their jail sentence in segments rather than continuously.par périodes, plutôt que de façon continue.

Instead of remaining in custody full-time, the offender serves their sentence at specific times—most commonly on weekends—while remaining in the community during the rest of the week under strict conditions.

This option is designed to balance punishment with rehabilitation, allowing individuals to maintain employment, family responsibilities, and community ties.

When Can an Intermittent Sentence Be Ordered?

An intermittent sentence is only available when:

The total jail sentence is 90 days or less;90 jours ou moins;

The court considers it appropriate based on:

He offender’s character and background;
The nature of the offence;
The circumstances surrounding the offence;
The availability of a suitable facility.

This sentencing option is typically reserved for less serious offences and offenders with a favorable profile.

How Does It Work?

An intermittent sentence usually follows a structured schedule.

The offender serves time in custody on weekends.

They are released during the week.

Strict conditions apply while they are outside custody.

During release periods, the offender is subject to a form of probation-like supervision and must comply with all court-imposed conditions.

Conditions During Release

While not in custody, the offender must comply with conditions such as:

Keeping the peace and being of good behaviour;
Reporting as required;
Respecting curfews;
Maintaining employment or education;
Avoiding certain individuals or places;
Abstaining from alcohol or drugs.

Failure to comply with these conditions can lead to serious consequences, including incarceration.

Objectives of an Intermittent Sentence

Intermittent sentences aim to strike a balance between:

Denunciation and deterrence, through actual jail time;
Rehabilitation, by allowing the offender to maintain stability in their daily life.

Courts recognize that preserving employment and family ties can significantly reduce the risk of reoffending.

Important Legal Limits

There are strict limits to intermittent sentences:

The total sentence cannot exceed 90 days;

Consecutive intermittent sentences cannot be used to bypass this limit;

The schedule of serving the sentence is generally fixed and difficult to modify;

Only the offender—not the prosecution—can request to convert it into a continuous sentence.

These limits reflect Parliament’s intention to keep this sentencing option exceptional and proportionate.

Consequences of Non-Compliance

If the offender fails to respect the conditions:

They may face new criminal charges;
They may lose the benefit of serving the sentence intermittently;
The court may require the remaining sentence to be served continuously.

Compliance is essential to maintaining this privilege.

Practical Example

A person with no prior criminal record is convicted of impaired driving causing no injuries.

They are employed full-time and support a young family.

The court imposes a 60-day intermittent sentence to be served on weekends, along with conditions requiring them to:

Abstain from alcohol;
Follow treatment if necessary;
Maintain good behaviour.

This allows the individual to continue working during the week while still serving a meaningful custodial sentence.

Key Takeaways

An intermittent sentence is still a jail sentence, even if served part-time.
It is limited to sentences of 90 days or less.
It allows offenders to maintain employment and family responsibilities.
Strict compliance with conditions is essential.

Why Consult a Criminal Defence Lawyer?

An intermittent sentence is not automatic and must be carefully argued.

A lawyer can:

Demonstrate why this option is appropriate in your case;

Present evidence of employment, stability, and rehabilitation;

Argue against a continuous jail sentence;

Ensure conditions are reasonable and manageable.

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