The vast majority of all offences in N.S.W. are dealt with in Local Courts. The most serious matters are dealt with in the District Courts and the Supreme Court.

When the Court finds you guilty of an offence, it must decide on a penalty. The penalty imposed by the Magistrate will be based upon the seriousness of the offence and your previous record and other important sentencing principles. The Magistrate has a range of sentencing options available including:

Fines

Bonds

Community Service Orders

Imprisonment

Fines

Fines will usually be imposed in minor traffic offences and less serious criminal offences. The amount of the fine will be at the discretion of the Magistrate and the maximum amount will normally be stated in legislation. When a fine is imposed the Court will allow 28 days for the amount to be paid to the Court Registry. Application may be made through the Court Registry for an extension on the time allowed to pay.

Disqualification of License

In relation to certain traffic offences the Magistrate may disqualify you from holding a driver’s license. With serious speeding and drink driving charges the police may suspend you from holding a license immediately after you are arrested. In addition, the Road & Traffic Authority will automatically record loss of points your license for a range of traffic offences. More information on the demerit point system is available in the Traffic Handbook by that Authority. The Magistrate does not have the power to overturn a decision to record loss of points against your licence.

Good Behaviour Bonds

The Magistrate may agree to release you on bond. The bond will normally require you to be of good behaviour for a set period and may include other conditions such as accepting the supervision and guidance of the Probation and Parole Service.

There are a variety of different types of bonds:

Section 9 bond : After convicting you of an offence the Magistrate may make and order directing the offender to enter into a good behaviour bond for a specified period, not exceeding five years. If you breach the bond by breaking a condition of the bond or committing another offence while on the bond, you may be called up before the Magistrate for sentencing. The Magistrate can cancel the bond and impose a sentence upon you.

Section 10 bond : If you have been found guilty of an offence the Magistrate may decline to record a conviction against you if the offence is very minor, if you have a very good character or if there are other extenuating circumstances. The Magistrate may decide to decline from recording a conviction on condition that you enter into a good behaviour bond. If you break the conditions or commit another offence you may be called up before the Court and convicted and sentenced for the offence.

Section 12 bond : If the Magistrate has imposed a sentence of imprisonment, he or she can suspend the execution of the sentence and release you on a bond to be of good behaviour. This can apply for sentences up to two years. If you breach the bond, the Magistrate may cancel it and order you to serve the term of imprisonment originally set. The Magistrate may order it to be served by way of full time imprisonment, periodic detention or home detention.

Section 11: If the Magistrate finds you guilty of an offence he or she may postpone the imposition of a penalty and adjourn the case up to 12 months. The Magistrate can do this for the following reasons:

(a) to assess your capacity and prospects for rehabilitation

(b) to enable you to demonstrate that rehabilitation has taken place or

(c) for any other purpose the court considers appropriate in the circumstances.

You will normally be subject to bail conditions during the period of the adjournment.

Non Association and Place Restriction Orders

In addition to certain other sentencing options the Magistrate may also decide to impose a Non Association or Place Restriction Order upon you. On 22 July 2002 the Government introduced this a new sentencing option as part of its anti gang initiative. An order can be made for a period of up to 12 months to restrict you from associating with certain specified persons or to restrict you from going onto certain premises.

Community Service Orders

The Magistrate may order you to perform up to 500 community service work. You may also be required to attend counselling programs and be required to undergo drug and alcohol testing. The work is arranged under the supervision of an Officer from the Probation and Parole Service. If the work is not done satisfactorily or if you fail to attend work the Magistrate may take action against you by revoking the Community Service Order and imposing a different penalty, which may include imprisonment.

Imprisonment

A Magistrate may sentence a person to imprisonment if the legislation applicable to that offence permits. Where there is more than one charge the Magistrate may impose cumulative sentences of imprisonment. (The Crimes (Sentencing Procedure) Act 1999 governs the maximum period that can be imposed by a Local Court)

Instead of full time Imprisonment the Magistrate may order that a sentence of imprisonment be served in the following ways: