The emphasis is actually on the offence. Judges are told that even in a case where a just solution would be found in another provision, he cannot apply this provision. Our colleague, who is here now, gave as an example a situation where the judge had to choose between two extreme solutions. On the one hand, there would be a suspended sentence. The judge would find that it is inadequate because it does not send a strong enough message about the seriousness of the crime. But on the other hand, a prison sentence could also be unsuitable.
Offenders might not have a criminal record or associate with known criminals. When faced with a choice of putting such an individual away in a place where he can associate only with convicted criminals, a judge might decide that if it is not yet time to take this step. I think that our Aboriginal colleagues will have some things to tell us about this. At a certain point, a cycle sets in. In some cases, we want to break that cycle. In other cases, we want to avoid starting it. Conditional sentences allows us to do this. If we restrict its application, we restrict our chances of rehabilitating offenders.