When an accused person is convicted of an offence then he or she must be sentenced by the Judge.  

There are often various options available to a sentencing judge but sometimes there are not.  In some instances there are mandatory minimum sentences imposed for certain offences IE drinking and driving offences.  Here are some sentencing options for Judges, from least serious to most serious below:

1.  Discharge

A discharge can be absolute or conditional with probation as a term.  A person receiving a discharge is considered not to have a criminal record and need not apply for a pardon.

2.  Suspended Sentence and Probation

A person who receives this sentence will receive probation but will have a criminal record.

3.  Fine

A person who receives a fine will have a criminal record and will have to pay a fine within a certain time period.

4.  Conditional Sentence

This is considered "house arrest".  Typically the person will receive conditions where he or she cannot leave his or her residence and or a curfew.  This is considered a custodial sentence but the person is allowed to serve the sentence in the community.  A conditional sentence will not be available for some offences.

5.  Jail

The person sent to jail must either serve the sentence in a provincial jail or federal penitentiary.  If the sentence is 90 day or less the person can serve their sentence intermittently at a provincial jail.  Where the person receives a sentence of 2 year less a day he or she will serve that sentence in a provincial jail but anything greater will result in a penetentiary sentence.