Special Sentencing Orders

Special Sentencing Orders

An ancillary order is an order made by a sentencing court directing the offender to do something in addition to completing their regular sentence. These orders are specific to the offender and will be tailored to the offence the individual has been found guilty of.

For example, an individual found guilty of committing sexual assault may be sentenced to a period of incarceration as well as being ordered to provide a DNA sample and to register as a sex offender under the Sex Offender Information Registration Act (SOIRA). The DNA sample and SOIRA order are ancillary orders that are issued in addition to the offender’s prison sentence.

Some ancillary orders are mandatory for certain offences. For example, an individual convicted of a child pornography offence would be issued a DNA order and a SOIRA order on a mandatory basis. Other ancillary orders are discretionary and will be imposed if the sentencing court believes it is necessary to do so.

Ancillary orders include forfeiture orders, prohibition orders including driving prohibitions and weapons prohibitions, DNA orders, restitution orders, victim fine orders, SOIRA orders and orders restricting access to children.

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