Fail to Comply with Probation


When an accused person is convicted of an offence, one of the many sentencing options available to the judge is a term of probation. As part of that probation, the judge may impose a number of different conditions on the accused person to be followed over the probationary period.

Some of the conditions, such as keep the peace and be of good behaviour, or report to a probation officer, are mandatory.

Other conditions will depend on the particular circumstances of the accused and the offence in question. Examples of conditions that may be imposed include:

to participate in some requisite form of counselling,

to pay restitution to the victim,

to perform community service,

not to associate with certain named persons, or

not to attend at certain locations.





A breach of a condition of the probation will have a maximum sentence of 18 months in custody if the Crown proceeds by summary conviction, or 2 years if the Crown proceeds by indictment. It should be noted that if a person is charged with another offence while on probation, they will likely face a charge of fail to comply probation and the fact that they were committing offences while on probation will be an aggravating factor on sentence.


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