How Is Weekend Jail Time Calculated?
One sentence type available to judges for certain criminal offences in Ontario is an intermittent sentence. Offenders serve weekend jail time rather than remaining in jail continuously for the duration of their sentence.
Weekend jail time rather than a traditional sentence can come with considerable advantages, including retaining employment. Who is eligible for an intermittent sentence—and how are the days in jail calculated?
Here’s what you need to know …
What Is Weekend Jail Time?
Under Section 732 of the Criminal Code, an intermittent sentence allows offenders to serve their jail time in chunks rather than continuously:
(1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order
(a) that the sentence be served intermittently at such times as are specified in the order; and
(b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence.
Most commonly, intermittent sentences are served as weekend jail time where offenders turn themselves in for short periods before returning to their regular lives on a repeated cycle. However, in some cases, these sentences may not even be served in jail but, instead, at home under a Temporary Absence Program.
One of the main benefits of such a sentence is that it allows offenders to fulfill employment, educational, childcare or other obligations. On the downside, the sentence takes longer to serve and usually comes with restrictions.
Who is eligible for an intermittent sentence in Ontario?
Weekend jail time is only available for certain, non-violent crimes that attract a jail term of 90 days or less in Ontario.
If eligible for this sentence, there is a good chance that your criminal defence lawyer can argue that the jail sentence be served on weekends but the judge will ultimately decide based on:
- The severity of the offence
- The criminal history of the offender
- Any history of violating probation
- The reason for the request (e.g., employment, education, childcare, etc.)
Offenders with a history of violating probation orders are unlikely to be granted an intermittent sentence. However, a skilled criminal defence lawyer may be able to plea bargain to reduce the proposed sentence and persuade the judge that the offender is a candidate for weekend jail time.
How Weekend Jail Time Is Served and Calculated
A “weekend” sentence typically means the period from Friday evening to Sunday evening or Monday morning but this can be personalized according to circumstances. Each period served in jail contributes to the total sentence.
The Ottawa court will specify the number of weekends to be served, the length of each weekend (e.g., Friday evening to Monday morning), and any other conditions, such as release times.
With intermittent sentences, offenders must report to the jail at the date and time specified by the judge. The failure to report to jail as required may result in an arrest warrant being issued.
Does Friday evening to Monday morning count as 2, 3 or 4 days?
Time served in jail with an intermittent jail sentence in Ontario is usually calculated from calendar day to calendar day. If you check in to jail on a Friday at 6:00 pm and check out on Sunday at 6:00 pm, this should count as three days served rather than two.
If you turn yourself in to the jail every Friday at 6:00 pm and check out at 6:00 am on the following Monday, th