1. Learn if house arrest is available

A sentence that imposes house arrest is called a conditional sentence.

When a conditional sentence is allowed

You can only be given a conditional sentence if:

• the crime is not punishable by a minimum term in jail, and
• your sentence is for less than 2 years.

When a conditional sentence is not allowed

You can’t be given a conditional sentence if you’ve been found guilty of an indictable offence that:

• has a maximum term in jail of 14 years or life, or
• has a maximum term in jail that is 10 years, and the crime involved physical harm to the victim, producing or selling drugs, or a weapon.

For example, you can’t get a conditional sentence if you’re found guilty of a crime such as:

• sexual assault
• kidnapping
• abducting a person under 14 years of age
• making money from trafficking in persons

You also can’t get a conditional sentence if you’re found guilty of a crime that involved serious property damage such as:

• stealing a motor vehicle
• stealing property worth more than $5000
• breaking into a place other than a house
• being in a house without the legal right to be there
• starting a fire to commit fraud