There are a range of sentencing options that a Court may order when you are convicted of an offence, so make sure that you have an experienced lawyer on your team who can get you the outcome that you are satisfied with.
If you have pleaded guilty or have been found guilty of an offence, the Court may make an order under section 10(1)(a).
An order under section 10(1)(a) dismisses your charge. This means that your conviction will not be recorded and no penalty will be imposed.
If dealt with under a section 10(1)(a), the dismissal of your charge means that no penalty will be imposed for your conviction. You will not be subject to a good behaviour bond, community service, a fine or imprisonment.
Also, under a section 10(1)(a) order, your conviction will not be recorded. This means that when you want to apply for a job, a visa or a police check, the conviction will not appear in your criminal record. However, the Courts will always have access to your past convictions. This means that if you were to commit another offence, the Courts will know of your past convictions and will take them into account when sentencing you for the new offence.
Getting a section 10(1)(a) depends on a range of factors. This includes the seriousness of the offence, the court in which your matter is held, your personal circumstances, criminal history and whether or not you entered a plea of guilty.
Yes. Your conviction will not appear on your criminal record under a section 10(1)(a) order. This means that when you want to apply for a visa or a job, they will not know of your conviction.
Yes. Your conviction will not appear on your criminal record under a section 10(1)(a) order. This means that when you want to apply for a visa or a job, they will not know of your conviction
No. The conviction will not appear in your public criminal record. This is the record that potential employers and other institutions have access to. However, as you have been found guilty of the offence, it will appear in your criminal record with the Courts. This means that if you are convicted of another offence, the Court will know of your past conviction and this may be taken into account when sentencing you.
If you have entered a plea of guilty or have been found guilty of an offence, the Court may sentence you to a Conditional Release Order (without conviction). These orders are similar to what used to be known as a section 10 good behaviour bond.
A Conditional Release Order (without conviction) will dismiss your charge after you have complied with its conditions during the term of the order. This means that if you comply with the conditions set out by the Court, a conviction will not be recorded against your name and no penalty will be imposed.
The standard conditions of a Conditional Release Order are:
Being of good behaviour means that you are not convicted of any offence during the term of the order.
All persons sentenced to a Conditional Release Order will be subject to the standard conditions.
The additional conditions of a Conditional Release Order may include:
Whether or not additional conditions will be imposed in your Conditional Release Order, and if so, which of the conditions will be imposed is up to the Court. This will depend on the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty and your criminal record.
The ineligible conditions (i.e. conditions that a Court cannot impose) of a Conditional Release Order are:
The maximum time that can be set for a Conditional Release Order is 2 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you fail to comply with one or more of the conditions of the Conditional Release Order, you will either be called to attend Court or, if you are being sentenced for a fresh offence, the paperwork for the non-compliance will be called up while you are at Court.
The consequences for not complying with the order can be any of the following:
When dealt with under a Conditional Release Order (without conviction), you have promised the Court that you will be of good behaviour for the term of the order.
During the term of your order, your conviction will appear on your criminal record. This means that if you want to apply for a job, a visa or a police check during this time, your conviction will be on your public record and can be accessed by any authority or institution.
After the term of the order, if you have not failed to comply with the conditions set out in the order, then the conviction will no longer appear on your criminal record. This means that if you want to apply for a job, a visa or a police check after the term of your order, the conviction will not appear in your criminal record. However, the Courts will always have access to your past convictions. This means that if you were to commit another offence, the Courts will know of your past convictions and will take them into account when sentencing you for the new offence.
A Conditional Release Order (without conviction) is a sentencing option that can be imposed by a Court after you have been convicted of an offence. The order sets out a period of time during which you must comply with the conditions of the order (i.e. to be of good behaviour, to appear in Court when summoned and any other condition the Court sees appropriate). During this time, your conviction appears on your criminal record. After the term of the order, if you have not failed to comply with a condition of the order (e.g. you have not committed another offence) then the conviction will be removed from your record and no further penalty will be imposed. This means that you will not be fined, ordered to do community service or imprisoned for your conviction.
Getting a Conditional Release Order (without conviction) depends on a range of factors. This includes the seriousness of the offence, the court in which your matter is held, the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty, your criminal record and so on.
The consequences for not complying with the order can be any of the following:
The maximum time that can be set for a Conditional Release Order is 2 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
It will depend on when you are applying. During the term of your order, the conviction will appear on your criminal record and is accessible to public agencies, institutions or businesses. This could affect your chances of applying for jobs or being granted a visa.
After the term of your order, if you have not breached any condition, your conviction will be removed from your criminal record and will no longer be accessible to anybody other than the Courts. This means that if you want to apply for a visa or a job, they will not know of your conviction.
If you are sentenced with a Conditional Release Order (without conviction), the conviction will appear in your public criminal record only during the term of the order. This is the record that potential employers and other institutions have access to.
After the term of the order, if you have not breached any condition of the order, then your conviction will be removed from your criminal record. However, as you have been found guilty of the offence, it will appear in your criminal record with the Courts. This means that if you are convicted of another offence, the Court will know of your past conviction and this may be taken into account when sentencing you.
If you have entered a plea of guilty or have been found guilty of an offence, the Court may make an order under section 10(1)(c).
This sentencing option will dismiss your charge after you have participated and complied with an intervention program. This means that if you comply with the program for a certain period of time, a conviction will not be recorded against your name and no penalty will be imposed.
The standard condition of an order under section 10(1)(c) is that you must participate and comply with an intervention program. The type of intervention program assigned by the court will depend on the type of matter and your personal circumstances. Examples include:
The maximum time that can be set for an order under section 10(1)(c) is 2 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you breach an order under section 10(1)(c), you will be called to attend Court and the paperwork for the breach will be called up.
When dealt with under a section 10(1)(c) order, you have promised the Court that you participate and comply with the intervention program.
During the time you are required to participate in the program, your conviction will appear on your criminal record. This means that if you want to apply for a job, a visa or a police check during this time, your conviction will be on your public record and can be accessed by any authority or institution.
After the term of the order, if you have not breached the conditions set out in the order, then the conviction will no longer appear on your criminal record. This means that if you want to apply for a job, a visa or a police check after the term of the order, the conviction will not appear in your criminal record. However, the Courts will always have access to your past convictions. This means that if you were to commit another offence, the Courts will know of your past convictions and will take them into account when sentencing you for the new offence.
Getting a section 10(1)(c) depends on a range of factors. This includes whether the intervention program is appropriate given the seriousness of the offence, your personal circumstances and criminal history. It also depends on whether you entered a plea.
A standard condition of an order under section 10(1)(c) is that you participate and comply with the intervention program. If you fail to complete the intervention program you may be found to be in breach of the section 10(1)(c) order.
The Court may deal with your breach in any of the following ways:
The maximum time that can be set for an order under section 10(1)(c) is 2 years. The length of time which a Court will set for your order will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
It will depend on when you are applying. During the term of the order, the conviction will appear on your criminal record and is accessible to public agencies, institutions or businesses. This could affect your chances of applying for jobs or being granted a visa. After the term of the order, if you have not breached any condition, your conviction will be removed from your criminal record and will no longer be accessible to anybody other than the Courts. This means that if you want to apply for a visa or a job, they will not know of your conviction.
The conviction will appear in your public criminal record during the term of the order. This is the record that potential employers and other institutions have access to.
After the term of the order, if you have not breached any condition, then your conviction will be removed from your criminal record. However, as you have been found guilty of the offence, it will appear in your criminal record with the Courts. This means that if you are convicted of another offence, the Court will know of your past conviction and this may be taken into account when sentencing you.
If you have pleaded guilty or have been found guilty of an offence, the Court may make an order under section 10A, otherwise known as a ‘conviction-only’ order.
A section 10A order will record your conviction without imposing any further penalty. This means that your conviction will permanently appear on your criminal record and you will not face any punishment for the conviction.
Under a section 10A order, your conviction is permanently fixed on your criminal record and the Court will not impose any further penalty for your conviction. This means that you will not will not be fined, ordered to do community service or imprisoned for your conviction.
Getting a section 10A depends on a range of factors. This includes the seriousness of the offence, the court in which your matter is held, your personal circumstances, criminal history and whether you pleaded guilty or not.
It will depend on when you are applying. During the term of your bond, the conviction will appear on your criminal record and is accessible to public agencies, institutions or businesses. This could affect your chances of applying for jobs or being granted a visa.
After the term of your bond, if you have not breached any condition, your conviction will be removed from your criminal record and will no longer be accessible to anybody other than the Courts. This means that if you want to apply for a visa or a job, they will not know of your conviction.
If you were sentenced under a section 10A order, your conviction will appear on your criminal record from the time you were convicted onwards. This could affect your chances of applying for jobs or being granted a visa at any time following your conviction.
A fine is a monetary penalty, that is, an order that you are to pay a sum of money as a form of punishment. A fine must be paid within 28 days unless the Court Registry permits a longer period.
The maximum fine that can be imposed will depend on the offence that you are charged with and the court you are in. Generally, the legislation will dictate the maximum fine. However, if it is silent, the Local Court can impose a fine of up to 100 penalty units (i.e. a fine of up to $11,000) and the District Court can impose a fine of up to 1,000 penalty units (i.e. a fine of up to $110,000).
Once a fine is imposed, you have 28 days to pay (unless an extension is granted). Failing to pay within that period will result in an Enforcement Order being issued by the court. This will provide you with an additional 28 days to pay the fine and the additional enforcement costs.
If a payment is not received, your driver’s licence or vehicle registration will be suspended or cancelled. If you fail to make payment at this stage, a property seizure order may be issued followed by a community service order. If you fail to comply with these orders, you may be imprisoned.
If the Court imposes a fine, that means you are guilty of the offence and a conviction has been recorded. The fine will appear on your criminal record.
A fine is a sentencing option that results in a conviction being recorded. Depending on the offence committed, this may have an impact on certain aspects of your life including; job suitability, travel capabilities (where a visa is required) and so forth.
You should attend the Court Registry as soon as possible and seek an extension or payment plan. You must ensure that the extension is granted.
For a Court to impose a fine, the Court will consider various circumstances such as your ability to pay the fine, the seriousness of the offence, your criminal history, etc.
If you fail to pay a fine, enforcement action may be taken against you which includes, the payment of enforcement fees, suspension/cancellation of your driver’s licence/vehicle registration, property seizure orders, community service order and imprisonment if you fail to comply with the community service order.
Yes, for a Court to issue a fine, that means you have been convicted and, as a result, it will appear on your record.
If you have entered a plea of guilty or have been found guilty of an offence, the Court may sentence you to a Conditional Release Order (with conviction). These orders are similar to what used to be a supervision-only section 9 good behaviour bond.
A Conditional Release Order (with conviction) will impose no further penalty for your conviction if you comply with its conditions during the term of the order. This means that if you comply with the conditions set by the Court, you will not face any fines, community service, home detentions or imprisonment for your conviction.
The standard conditions of a Conditional Release Order are:
Being of good behaviour means that you are not convicted of any offence during the term of the order.
All persons sentenced to a Conditional Release Order will be subject to the standard conditions.
The additional conditions of a Conditional Release Order may include:
Whether or not additional conditions will be imposed in your Conditional Release Order, and if so, which of the conditions will be imposed is up to the Court. This will depend on the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty and your criminal record.
The ineligible conditions (i.e. conditions that a Court cannot impose) of a Conditional Release Order are:
The maximum time that can be set for a Conditional Release Order is 2 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you fail to comply with one or more of the conditions of the Conditional Release Order, you will either be called to attend Court or, if you are being sentenced for a fresh offence, the paperwork for the non-compliance will be called up while you are at Court.
The consequences for not complying with the order can be any of the following:
When dealt with under a Conditional Release Order (with conviction), you have promised the Court that you will comply with its conditions for the term of the order.
Regardless of whether or not you have breached the conditions, your conviction will appear on your criminal record during and after the term of the order.
Getting a Conditional Release Order (with conviction) depends on a range of factors. This includes the seriousness of the offence, the court in which your matter is held, the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty, your criminal record and so on.
You breach the Conditional Release Order by not complying with one or more of its conditions. For example, if you are convicted of another offence during the term of the order or fail to appear in Court when called on, that would amount to a breach.
You can also breach the Conditional Release Order if you fail to comply with any additional condition which may be set by the Court. These additional conditions can include attending rehabilitation/treatment, not taking any drugs or alcohol, not associating with a person/s, residing at a particular address and/or being supervised.
The consequences for not complying with the order can be any of the following:
The maximum time that can be set for a Conditional Release Order is 2 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you are sentenced under a Conditional Release Order (with conviction) your conviction will permanently appear on your criminal record from the time you were convicted onwards. This could affect your chances of applying for jobs or being granted a visa at any time following your conviction.
If you have entered a plea of guilty or have been found guilty of an offence, the Court may sentence you to a Community Correction Order. These orders are similar to what used to be known as supervision section 9 good behaviour bonds and community service orders.
A Community Correction Order will impose no further penalty for your conviction if you comply with its conditions during the term of the order. This means that if you comply with the conditions set by the Court, you will not face any further punishment (e.g. imprisonment).
The standard conditions of a Community Correction Order are:
Being of good behaviour means that you are not convicted of any offence during the term of the order.
All persons sentenced to a Community Correction Order will be subject to the standard conditions.
The additional conditions of a Community Correction Order may include:
The Court can only impose a community service condition if you have been assessed as suitable for community service in an “assessment report”.
Whether or not additional conditions will be imposed in your Community Correction Order, and if so, which of the conditions will be imposed is up to the Court. This will depend on the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty and your criminal record.
The ineligible conditions (i.e. conditions that a Court cannot impose) of a Community Correction Order are:
The maximum time that can be set for a Community Correction Order is 3 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you fail to comply with one or more of the conditions of the Community Correction Order, you will either be called to attend Court or, if you are being sentenced for a fresh offence, the paperwork for the non-compliance will be called up while you are at Court.
The consequences for not complying with the order can be any of the following:
When dealt with under a Community Correction Order, you have promised the Court that you will comply with its conditions for the term of the order.
Regardless of whether or not you have breached the conditions, your conviction will appear on your criminal record during and after the term of the order.
Getting a Community Correction Order depends on a range of factors. These include the seriousness of the offence, the court in which your matter is held, the circumstances surrounding your offending, your personal circumstances, suitability for community service (if there is a community service condition) need for rehabilitation/treatment, whether you entered a plea of guilty, your criminal record and so on.
You breach the Community Correction Order by not complying with one or more of its conditions. For example, if you are convicted of another offence during the term of the order or fail to appear in Court when called on, that would amount to a breach.
You can also breach the Community Correction Order if you fail to comply with any additional condition which may be set by the Court. These additional conditions can include a curfew, community service work, attending rehabilitation/treatment, not taking any drugs or alcohol, not associating with a person/s, residing at a particular address and/or being supervised.
The consequences for not complying with the order can be any of the following:
The maximum time that can be set for a Community Correction Order is 3 years. The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the facts of your matter and your personal circumstances.
If you are sentenced under a Community Correction Order your conviction will permanently appear on your criminal record from the time you were convicted onwards. This could affect your chances of applying for jobs or being granted a visa at any time following your conviction.
Yes. Your conviction will appear on your criminal record.
If you have entered a plea of guilty or have been found guilty of an offence, the Court may sentence you to an Intensive Correction Order (ICO). An ICO is a term of imprisonment that is served in the community. It is an order which imposes strict conditions (such as home detention, electronic monitoring, curfew and community service work) as well as strict supervision by Corrective Services.
ICOs are not available if you are convicted of:
If you comply with the conditions of an ICO, you will not face full-time jail for your conviction.
All persons sentenced to an Intensive Correction Order will be subject to the standard conditions.
The standard conditions of an Intensive Correction Order are:
Being of good behaviour means that you are not convicted of any offence during the term of the order.
The Court must then chose one or more of the following additional conditions:
In order to impose a home detention or community service you must be found suitable in a sentencing assessment report.
The particular additional condition/s the Court will impose depends entirely on the circumstances surrounding your matter. They include the seriousness of your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty and your criminal record.
The maximum time that can be set for an Intensive Correction Order is 2 years for a single offence and 3 years if you are sentenced on more than one offence (i.e. aggregate sentence). The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the circumstances surrounding your matter and your personal circumstances.
Breaching the conditions of an Intensive Correction Order are dealt with by the Commissioner of Corrective Services and the Parole Authority.
When dealt with under an Intensive Correction Order, you have promised the Court that you will comply with the strict supervision and other conditions which impose various restrictions.
If you are sentenced by way of an Intensive Correction Order, you have been convicted of an offence and therefore the conviction will appear on your criminal record.
Getting an Intensive Correction Order depends on a range of factors. Firstly, it depends on whether you are suitable for it. Your suitability will be determined in an ‘assessment report’ which is ordered by the Court. It also depends on the seriousness of the offence, the court in which your matter is held, the circumstances surrounding your offending, your personal circumstances, need for rehabilitation/treatment, whether you entered a plea of guilty, your criminal record and so on.
These orders cannot be made if you are convicted of:
Breaching the conditions of an Intensive Correction Order are dealt with by the Commissioner of Corrective Services and the Parole Authority.
The maximum time that can be set for an Intensive Correction Order is 2 years for a single offence and 3 years if you are sentenced on more than one offence (i.e. aggregate sentence). The length of time which a Court will set for your matter will depend on what the Court thinks is appropriate given the circumstances surrounding your matter and your personal circumstances.
Yes. Your conviction will permanently appear on your criminal record.
A full-time custodial sentence is more commonly referred to as a term of imprisonment or gaol. It is the most punitive form of punishment that is used as a last resort. A full-time custodial sentence means your liberty will be withheld for a period of time. You will be removed from the community and placed in a Correctional Centre (gaol) for the term specified by the Court.
Most sentences of imprisonment contain a majority portion of that period that must be served without any option for parole (‘non-parole period’) and for the remainder of that period an offender may be eligible for parole. Some offences such as murder and serious sex offences also carry a standard non-parole period that must be considered by a sentencing court.
The consequences of a full-time custodial sentence are severe. The consequences include:
A Court will sentence you to a term of Imprisonment only if it is satisfied that no other penalty is appropriate. Whether you will be sent to prison depends on various factors including; the seriousness of the offence committed, your criminal record, your subjective circumstances, and your plea.
Yes. If you have been sentenced to full-time custody, that means you have been convicted of an offence. Therefore, it will permanently appear on your criminal record.
If you have been sentenced to full-time custody it is likely to impact your career. During your incarceration period, you will not be able to fulfil your obligations and therefore, your employment may be terminated.
Potential employers may request a copy of your criminal record or a working with children check (WWCC), and due to your conviction, you may be deemed unsuitable.
It is likely that your travel capability will be restricted. However, this depends on the offence you were convicted of and the country you are travelling to.
For offences that are ultimately dealt with on indictment in the District or Supreme Court the Early and Appropriate Guilty Plea (‘EAGP’) regime sets in place a statutory sentencing discount to apply when a penalty is imposed.
The maximum discount available is a discount of 25%. However, your eligibility for a certain discount will be determined depending on when you entered a guilty plea.
The table below shows when different discounts can apply.
| Plea of guilty entered | Maximum discount available |
| Prior to being committed for trial | 25% |
| After being committed for trial but at least 14 days prior to the first sitting trial day | 10% |
| After being committed for trial and in compliance with the pre-trial notice requirements | 10% |
| At any stage after the above-mentioned periods but before the trial commences | 5% |
While the application of a discount is mandatory for all offences dealt with on indictment, certain exceptions exist, and they include:
Q: What is required of me to comply with the pre-trial notice requirements?
A: The pre-trial notice requirement will be satisfied if:
Q: My offer to plead guilty to a similar offence was rejected by the DPP. My trial has commenced and the DPP are now willing to accept my previous offer, will I be entitled to a discount?
A: Yes, if your rejected offer was made prior to committal and now the DPP are willing to accept that offer, you would be entitled to a discount of 25%.
After you have been convicted of an offence, the Court will decide on a punishment to impose. This stage is called Sentencing. The Court will make a decision based on a range of factors which must be carefully prepared, supported and handed up. The punishment ordered by the Court will, in part, rely on this information, so being prepared is essential.
Sentencing is the final stage of your dealings with the Court about your matter. After you have either entered a plea of guilty or have been found guilty of an offence/s, you will be required to attend Court for sentence. During sentencing, the Magistrate/Judge will decide on the punishment for your conviction. For information on the types of punishments the Court can impose, check out our articles
The Court considers a range of factors when sentencing you for an offence. They include, but are not limited to, the seriousness of your offending, your personal circumstances, your character, your remorse, criminal and/or traffic history, whether you entered a plea of guilty, the Court in which your matter was heard, whether you took part in any intervention/rehabilitation program/s etc.
Although a guilty plea has been entered at the time of Sentencing, your lawyer would be negotiating with police and/or prosecutors about the facts that would be tendered to the Court. This process involves agreeing with police and/or prosecutors to amend the facts to best correlate with what had actually happened and removing any irrelevant statements and/or expressions which may exaggerate the circumstances surrounding your offending. The agreed facts will then be handed up to the Magistrate who will then impose a sentence based on those facts.
In preparing for sentence, you should make sure that you have the following:
These are statement written by people who are of good reputation about your good character. They can have an impact on the sentence imposed by the Court. It would be a good idea to obtain two or three references from people who are of good reputation – such as neighbours, family members, friends, employers, colleagues, teachers, doctors or members of clubs/organisations that you belong to.
The letter should have the following:
“To the Presiding Magistrate of the Local Court” OR “To the Presiding Judge of the Supreme Court of New South Wales”.
This is a letter written by you addressing the Magistrate/Judge. This is your opportunity to express your remorse over your offending and how it has affected others (for example, the victim, their family, your family and the community at large).
It does not have to be perfectly worded – just enough to allow the Magistrate/Judge to know how you genuinely feel about your offending and why you would never commit an offence again.
What you should be covering in your letter of apology to the Court include:
What you should be avoiding in your letter of apology to the Court:
You may have raised certain points/arguments in your apology letter and/or verbal submissions (i.e. what you said in Court) which must be supported with evidence. This evidence must be prepared and brought to Court on the day of your Sentence.
Common examples include:
| Point/Argument | Supporting Evidence |
| You attended an intervention/rehabilitation program. | A letter from the facility confirming your participation and/or completion of the program. |
| You suffer from a medical condition. | A letter from your doctor. |
| You were seeing a counsellor, therapist, psychologist or psychiatrist. | A letter from the counsellor, therapist, psychologist or psychiatrist. |
| Your employment status. | A letter from your employer. |
| Your need for a licence for work (if charged with a traffic offence). | A letter from your employer. |
| You have not administered alcohol or drugs since being charged with the offence (if charged with an offence involving alcohol or drugs). | A letter from your testing doctor. |
If you cannot manage to get hold the evidence, you can write and explain your point/argument into an affidavit (i.e. a written sworn statement).
Your lawyer will be responsible for speaking on your behalf in Court. They will prepare a ‘plea in mitigation’. They will be handing up your subjective material (i.e. character references, apology letter and any other supporting evidence) and then make submissions in your defence.
A plea in mitigation is a formal statement that your lawyer will read to the Court during your Sentence. It will include, but is not limited to, the following:
Your lawyer will be handing up the relevant evidence to support his/her points and arguments.
If your lawyer thinks that a Community Correction Order (with conviction) with a community service condition or an Intensive Correction Order (ICO) is appropriate, he/she would order for an ‘Assessment Report’ which will assess your suitability for community service. This could be done on the day of your Sentence (i.e. a duty report) or the Magistrate may adjourn your sentence for 6 weeks to obtain the report (i.e. a full report).
After a guilty plea has been entered, the Magistrate will either sentence you on the day or adjourn (i.e. postpone) your matter for sentence. The adjournment will depend on the type of matter, the Court in which your matter has being heard, whether you have yet to complete an intervention/rehabilitation program, whether an order from an Assessment Report is made etc.
During Sentencing, the procedure will generally be as follows:
Where an offender is deemed to be high risk, the State may apply to extend their detention in custody or supervision within the community.
An application to extend detention or supervision must be brought under the Crimes (High Risk Offenders) Act 2006 and can only be made in relation to offenders who have been:
The Act seeks to ensure the safety and protection of the community by providing for the extended supervision and continuing detention of high risk sex offenders and high risk violent offenders, whilst also facilitating rehabilitation of an offender.
Section 5 of the Act defines ‘serious sex offence’ as any offence under Division 10 of Part 3 of the Crimes Act 1900:
These offences include, but are not limited to:
Circumstances of aggravation include (but are not limited to) where harm is inflicted on the victim, a weapon is used during the offence or the offence is committed in the company of another person/s.
Section 5 of the Act defines also defines a ‘serious sex offence’ commonwealth sex offence against children, offences for failure to comply with child protection orders and can include offences committed with the intention of committing a sex offence.
Assault with intent to have sexual intercourse
Persistent sexual abuse of a child
Using intoxicating substance to commit an indictable offence
Enter dwelling-house with intent to commit an offence
Breaking into any house
Being armed with intent to commit indictable offence
50BA Sexual intercourse with a child under 16
Unlawful sexual penetration
Trafficking children
Sexual intercourse with child
Section 5A of the Act defines ‘serious sex offence’ as a serious indictable offence that is constituted by a person:
These offences include, but are not limited to:
An extended supervision order is an order made by the Supreme Court of NSW which permits the continued supervision of an offender in the community beyond the expiration of their original sentence or parole period. The order places obligations on an offender when released from custody and may include conditions such as wearing an electronic bracelet, participating in rehabilitation and residing at a particular address (see section 11 for a list of conditions).
A continuing detention order is an order made by the Supreme Court of NSW which permits the continued detention of an offender in custody beyond the expiration of their original sentence period. A continuing detention order can be made where:
A continuing detention order can only be made for a detained offender or a supervised offender (s13B).
An interim supervision order is an order made by the Supreme Court which allows for the supervision of an offender until the proceedings are determined. The order cannot exceed 28 days and can only be made if the matters alleged in the supporting documentation would, if proved, justify the making of the order.
An interim supervision order is an order made by the Supreme Court which allows for the detention of an offender until the proceedings are determined. The order cannot exceed 28 days and can only be made if the matters alleged in the supporting documentation would, if proved, justify the making of the order.
An emergency detention order is an order made by the Supreme Court of NSW which permits the detention of an offender in emergency circumstances; that is, where an offender, despite being on a supervision order, poses an unacceptable and imminent risk of committing a serious offence.
An emergency detention order can only have effect as long as it is reasonably necessary to ensure the offender does not commit a serious offence, but not more than 120 hours.
An interim hearing, also known as a preliminary hearing, is held before the final hearing. An interim hearing must be held in the Supreme Court within 28 days after the application is filed in the Supreme Court (or within such time as the Supreme Court may allow).
The purpose of an interim hearing is to allow the Court to determine whether the ‘matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision or continuing detention order’. The Court is not required to weigh up the supporting documentation or predict the final result; the court must determine whether, on the evidence, there is a case for the lawful extended supervision or continuing detention order.
If the Court is not satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision or continuing detention order, then the Court will dismiss the application.
If the Court is satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision or continuing detention order, the Court must make orders appointing psychologists/psychiatrists to conduct psychological/psychiatric examinations of the offender and will direct the offend to attend the examinations. The psychologists/psychiatrists will then provide the court with their reports.
The final hearing is where an outcome is determined, and the matter is finalised.
At the final hearing the Court will decide to either:
In determining whether or not to make an extended supervision, the safety of the community must be the paramount consideration of the Supreme Court. In making a decision, the Supreme Court will also consider material, such as:
The Court can only impose an extended supervision order or continuing detention order for a period of 5 years.
Q: How will I know if the State has made an application to continue my detention or extend my supervision?
A: An application for an extended supervision order must be served on the offender concerned within 2 business days after the application is filed in the Supreme Court or within such time as permitted by the Supreme Court.
Q: Will I have access to the evidence the State has in support of their application?
A: Yes. The State must disclose to an offender, as soon as practicable, such documents, reports and other information relevant to the proceedings.
Q: Can children be detained or supervised under the Crimes (High Risks Offenders) Act?
No. The Act only applies to offenders who are of or above the age of 18.
Q: What happens if I breach a supervision order?
A: A person who fails to comply with the requirements of an extended supervision order or interim supervision order is guilty of an offence. The maximum penalty is $55,000 or imprisonment for 5 years, or both.
A breach may also cause the State to apply for a continuing detention order (check).
Q: Can I appeal the Supreme Court’s decision to make an extended supervision or continuing detention order?
A: Yes. You can appeal to the Court of Appeal within 28 days after the date on which the decision was made.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.