FAQs

What is the Difference Between Concurrent and Consecutive Jail Sentences?

Updated: September 05, 2025
Legally Reviewed by Cory Wilson

If a defendant pleads guilty, enters a plea bargain or a guilty verdict is handed down in a criminal case in Alberta, the process of sentencing begins.

Sentencing is one of the most important elements of the criminal justice system. The judge is responsible for determining the appropriate prison sentence under the Criminal Code of Canada and relevant case law.

Terms like “concurrent” and “consecutive jail sentences” can be confusing for people who face multiple charges and convictions, so let’s clarify these terms and examine when these options are typically applied—with examples.

What is the Difference Between Concurrent and Consecutive Jail Sentences?

Concurrent vs. consecutive sentences

A judge may sentence an individual immediately (for instance, in relatively minor criminal matters where the facts are relatively straightforward) or after an adjournment, which allows for pre-sentence reports, victim impact statements or legal submissions in more serious criminal cases.

If the crime leads to incarceration, a judge often has many sentencing options available and may be able to exercise considerable discretion when imposing a sentence within the applicable laws.

When a defendant pleads guilty, enters a plea bargain or is found guilty of multiple charges, the judge may order concurrent or consecutive jail sentences.

The key difference is that someone facing a concurrent sentence must serve multiple sentences at the same time, whereas a consecutive sentence means that the offender must serve the sentence one after the other, thereby increasing the total time in custody—often significantly.

Why are concurrent and consecutive sentences used in Alberta?

The nature of current and consecutive sentences means that multiple crimes have been committed, which usually suggests very serious consequences. While that’s true, a judge can show some leniency if the sentence is served concurrently rather than consecutively. 

Concurrent sentences

When two or more jail sentences run concurrently to one another, they are served simultaneously as a combined or merged sentence.

This sentencing option may be applied if several crimes were committed in a single chain of events. The judge may recognize that a single intent, decision or action led to multiple offences and, therefore, take a more holistic approach to sentencing. This emphasizes rehabilitation and reintegration into society more than a lengthier jail term.

The default rule in the Criminal Code is concurrent sentencing. This option is, therefore, often applied. However, if the crimes committed have certain characteristics, the law may explicitly require consecutive sentencing.

Consecutive sentences

Consecutive sentences are served one after the other. This harsher sentencing option is more likely to be imposed by a judge who recognizes that the offences are separate from each other and caused a distinct impact to victims or affected a large number of victims.

The court can also use consecutive sentencing as a deterrent or to protect public safety because it ensures that the offender spends an extended period behind bars.

Consecutive sentencing is often used for offenders convicted of crimes that involve severe harm, vulnerable victims or breach of trust, where a longer prison term is justified.

Mandatory minimum sentences

Where mandatory minimum sentences are specified in the Criminal Code, such as for some sexual or firearm offences, a judge must impose these sentences.

A mandatory minimum sentence sets the “floor” for the punishment of a specific offence. A judge must apply this minimum for any single conviction but can order the sentences to run concurrently unless the law specifically requires consecutive sentences.

For instance, firearms offences under the Criminal Code, s. 244.2(3) require consecutive sentences if committed with certain aggravating factors.

Judicial discretion in sentencing

Alberta judges have discretion when sentencing but are guided by the Criminal Code and case law. When sentencing, a judge will carefully weigh the decision based on proportionality, totality, and fairness.

This will ultimately determine whether an offender serves a concurrent or consecutive sentence but the default is to avoid sentences that are “unduly harsh”.

Parole ineligibility

Generally, with good behaviour in prison, an offender will be eligible for parole or supervised release into society after a period of incarceration.

Under amendments to the Criminal Code introduced in 2011, judges can order parole ineligibility periods to run concurrently or consecutively, as well as terms of incarceration.

Examples of consecutive and concurrent sentencing

In one landmark case in Alberta, the offender was convicted of one count of first-degree murder and two separate counts of second-degree murder. Despite the series of events that led to the criminal offenses being connected, the sentencing judge ordered:

  • 25 years parole ineligibility for the first-degree murder, to be served consecutively to
  • Two concurrent 15-year parole ineligibility periods for the second-degree murders.

This led to a combined total of 40 years before parole eligibility, meaning that the offender would spend at least 40 years in prison.

In another case in Alberta in 2019, a defendant was convicted of multiple counts of animal abuse involving cats. The judge ordered the imprisonment terms to run concurrently, with a two-year prison term per cat count, all running concurrently. The result was a single two-year sentence and two years of probation on release.

Other types of criminal sentences in Canada

As well as concurrent and consecutive sentences, you may hear the following terms in relation to sentencing in Canada:

  • Intermittent sentences: Served only on certain days of the week (only applicable for terms of imprisonment of 90 days or less).
  • Conditional sentences: These sentences are served in the community and may apply if there is no minimum term of imprisonment, the maximum term is two years less a day, and the offender poses no risk to the public.

Call us to arrange a confidential consultation

The structure of a sentence can greatly affect the time spent in custody. It is essential for a criminal defence lawyer to defend the charges and, if necessary, argue for concurrent sentences.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.

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