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Where am I now? Lawlink > NSW Sentencing Council > About Sentencing > Sentencing Options
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Sentencing Options
Below on this page we look at how a court can sentence an offender to any of a number of types of sentences. Seelct a topic to find out more:
Bonds - Good Behaviour Bond
Bonds- Probation attached to a bond
Community Service Orders
Conditional discharge
Deferred sentence
Dismissal
Fines
Home detention
Orders: non-association and place-restriction orders
Periodic detention
Prison
Proceeds of crime
Rising of the court
Suspended sentence
Alternatives to sentencing
Rising of the court
The court orders the defendant to “remain in court until the next adjournment” (that is, until the next break in the sittings of the court that day). This is a symbolic way of saying that an offender is convicted but no formal sentence is imposed. This order is reserved for the least serious of offences.
Dismissal
The court finds the offender guilty but dismisses the charge without recording a conviction.
Conditional discharge
The court can discharge the offender on a condition that he or she enter into a good behaviour bond (commonly called a section 10 and previously known as a section 556A order), or enter into an agreement to participate in and comply with an intervention program designed to promote the offender’s treatment or rehabilitation.
In determining whether or not to make any such order the court must take into account:
- the offender’s character, previous criminal history, age, health and mental condition;
- the extenuating (mitigating) circumstances in which the offence was committed;
- any other matter that the court thinks proper to consider.
If an offender breaches the condition to be of good behaviour he or she can be convicted and sentenced for the original offence.
Good Behaviour Bond (section 9 bond)
The court can also record a conviction and instead of imposing a sentence of imprisonment make an order directing the offender to enter into a good behaviour bond.
A good behaviour bond always contains the condition that the person under the bond must be of good behaviour during the term (i.e. the duration) of the bond. An offender under a bond must appear before the court if called on to do so at any time during the term of the bond for any alleged breach of it. An offender who has breached a good behaviour bond may be re-sentenced by the court for the original offence. A good behaviour bond cannot exceed five years.
Probation attached to a bond
When a court decides to attach a condition of probation to a bond, the offender is subject to the supervision and control of the Community Offender Services for a specific period of time.
Non-association and place-restriction orders
For an offence that has a penalty of six months imprisonment or more, a court may, in addition to any other sentence, make a non-association order, a place-restriction order or both in respect of the offender if it is satisfied that it is reasonably necessary to do so to ensure that the offender does not commit any further offences.
A non-association order can prohibit the offender from mixing with or associating with a specified person for a specified term.
A place restriction order can prohibit the offender from frequenting or visiting a specified place or district for a specified term. The order can be for a period of up to 12 months.
Fines
A fine is a monetary penalty and is the most frequently used sentencing option in Australia. The amount of the fine is expressed in penalty units and one penalty unit is currently $110. The maximum penalty units available for an offence are set out in the legislation.
Community Service Orders
Instead of imposing a sentence of imprisonment on an offender, a court can impose a Community Service Order of up to 500 hours, depending on the class of offence (for some offences the maximum number of hours may be less).
When a Community Service Order is imposed, the offender is required to perform supervised work for the community, for which he or she is assessed to be suitable. The Community Offender Services are responsible for supervising the offender.
Imprisonment
A sentence of imprisonment is the most serious sentence that can be imposed and must only be imposed when no other sentence would be appropriate. It is seen as a sentence of ‘last resort’. It can take the form of full-time imprisonment served at a correctional centre, periodic detention or home detention.
Periodic detention
If a court has decided to sentence an offender to imprisonment for less than three years, the court may order that the offender serves the sentence by way of periodic detention. This means that the offender will spend a certain period of time each week or month in prison, but not the whole time. For example, an offender can be sentenced to weekend detention, which means he or she spends the weekend in gaol, but is free to work or attend education in the remaining period.
Sentences for certain offences, for example some sexual offences, cannot be served this way.
Home detention
Where a total sentence (that is, the non-parole period and additional term) of 18 months or less is imposed, the offender might apply to serve the sentence by way of home detention.
Sentences for certain offences involving violence, such as murder, attempted murder, manslaughter, sexual assault, armed robbery, firearms offences, assault occasioning actual bodily harm, stalking or certain serious drug offences cannot be served this way.
A sentence of home detention cannot be imposed if the offender has:
- a record for any of the above offences; or
- been convicted of a domestic violence offence in the past five years; or
- had an Apprehended Violence Order made against them in the past five years, where the victim of that order lives at the proposed home detention address.
Home detention is regarded as a lesser sentence than full-time imprisonment. Conditions can be imposed, which permit the offender to leave home for certain approved periods, for example, for the purpose of employment or receiving medical treatment. Compliance with the order is supervised by way of electronic monitoring and random visits by a Probation and Parole Officer.
Suspended sentence
Sentences of imprisonment for two years or less may be suspended on the condition that an offender enters into a good behaviour bond. If the conditions of the bond are breached the court may revoke the bond, and the offender can be required to serve the sentence that was suspended in addition to being sentenced on the breach of the bond.
Deferred sentence
The court can postpone passing sentence on an offender for a period of up to 12 months from the date of conviction to allow the offender:
- to be assessed for rehabilitation; or
- to demonstrate that rehabilitation has taken place; or
- for any other purpose.
At the end of the period the court will sentence the offender after considering any additional information or developments that have occurred.
Alternatives to sentencing
In some instances the court may convict the offender and order that no sentence be imposed. This is a section 10A order - in effect a conviction without sentence.
The court may find the offence proved and unconditionally dismiss the charge. This is a section 10 (1) (a) order - in effect a finding of culpability with no conviction or penalty (sentence) conditional or otherwise.
Proceeds of crime
Money or property that offenders have obtained through criminal activities can be recovered from offenders in many cases under the proceeds of crime legislation. This confiscation action may occur in addition to other consequences such as a fine or imprisonment.
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