Table of Contents
- Suspended Sentence Meaning in NSW
- When can a Suspended Sentence be Imposed in NSW?
- Usual Conditions of a Suspended Sentence in NSW
- Breach of a Suspended Sentence in NSW
- Intensive Corrections Order (ICO) Instead of Suspended Sentence
A suspended sentence was a type of sentencing order that can could be imposed by a judge in a criminal law case in Australia. It was a sentence that is “suspended” or delayed for a period of time, during which the offender was required to comply with certain conditions. If the offender failed to comply with those conditions, the suspended sentence could be activated, and the offender may be required to serve the original sentence.
However, since April 2018, Suspended Sentences are no longer available to a sentencing Court. The community based sentence of imprisonment available to court now is an Intensive Corrections Order.
Suspended Sentence Meaning in NSW
In New South Wales (NSW), a suspended sentence was a sentence that was imposed by a court but not immediately put into effect. Instead, the sentence was “suspended” for a specified period of time. During this time which the offender was required to comply with certain conditions, such as attending counselling or drug rehabilitation programs, performing community service, or refraining from criminal behaviour.
If the offender successfully completed the conditions of the suspended sentence, the sentence was then lifted, and the offender was free to go. However, if the offender failed to comply with the conditions of the suspended sentence, the sentence can be activated, and the offender may be required to serve the original sentence in jail.
Wholly suspended sentences were typically used for less serious offences or for first-time offenders who show remorse and a willingness to reform. They were seen as a way to provide a second chance to offenders while still holding them accountable for their actions.
When can a Suspended Sentence be Imposed in NSW?
In New South Wales (NSW), a suspended sentence can be imposed in certain circumstances, typically for less serious offences or for first-time offenders who show remorse and a willingness to reform. The decision to impose a suspended sentence was at the discretion of the judge, and they will consider various factors, such as the nature and seriousness of the offence, the offender’s criminal history, and their personal circumstances.
Under the Crimes (Sentencing Procedure) Act 1999 (NSW), a suspended sentence of imprisonment was to be imposed if the Court is satisfied that it is appropriate to do so in the circumstances of the case, and if the sentence was not less than the minimum sentence that could be imposed for the offence. Suspended sentences were not available for certain offences, such as murder, manslaughter, and sexual assault. This was because such offences were not to serve the sentence within the community.
Going To Court?
Send An Online Enquiry
Usual Conditions of a Suspended Sentence in NSW
In NSW, the usual conditions of a suspended sentence were the offender’s obligation to:
- Not commit any further offences during the period of suspension; or
- Attend counselling or treatment programs, such as drug or alcohol rehabilitation; or
- Perform community service or pay a fine; or
- Attend court when required to do so; or
- Report to a probation officer or community corrections officer; or
- Comply with any other conditions the court considers appropriate.
The conditions of a suspended sentence were designed to ensure that the offender does not re-offend and was given an opportunity to reform. If the offender fails to comply with the conditions of the suspended sentence, the sentence can be activated, and they may be required to serve the original sentence.
A suspended sentence was not a “soft option,” and offenders who receive a suspended sentence were still considered to have a criminal record. They may also face additional consequences if they fail to comply with the conditions of the sentence.
Breach of a Suspended Sentence in NSW
If an offender breaches a suspended sentence in New South Wales (NSW), the sentence can be activated, and they may be required to serve the original sentence. The breach may also result in additional penalties or consequences, depending on the circumstances.
When a breach occurs, the probation officer or community corrections officer will investigate the breach and report it to the court. The court will then consider whether the breach has been proven and whether the offender has a reasonable excuse for the breach.
If the court finds that the offender has breached the conditions of the suspended sentence, they may:
- Revoke the suspended sentence and require the offender to serve the original sentence
- Impose a new sentence, which may include a custodial sentence, community service, or other penalties
- Vary the conditions of the suspended sentence or extend the period of suspension
- Take no action or give the offender a warning, depending on the circumstances.
The court will consider various factors in deciding what action to take, including the nature and seriousness of the breach, the offender’s criminal history, and their personal circumstances. The court may also take into account any steps the offender has taken to address the breach, such as seeking counselling or complying with other conditions of the suspended sentence.
Breaching a suspended sentence can have serious consequences, and offenders should take the conditions of the sentence seriously. It was also important for offenders to seek legal advice if they were facing a breach or had breached their suspended sentence.
In summary, if an offender breached a suspended sentence in NSW, the sentence can be activated, and they may be required to serve the original sentence. The court will consider various factors in deciding what action to take, including the nature and seriousness of the breach, the offender’s criminal history, and their personal circumstances. Breaching a suspended sentence can have serious consequences, and offenders should take the conditions of the sentence seriously.
Intensive Corrections Order (ICO) Instead of Suspended Sentence
Subsequent to the amended in the law in 2018, suspended sentences are no longer available. However, intensive corrections order is only available as a community based term of imprisonment.
Accordingly, in NSW, an Intensive Corrections Order is a type of sentence where the imprisonment is carried out in the community. It is considered to be a less severe form of punishment compared to full-time imprisonment. However, violating any of the conditions of an ICO carries the same severity of consequences as a breach of full-time imprisonment. Furthermore, if an ICO is revoked, it is possible that the remaining time may need to be served in jail.
Before attending court for sentencing, it is recommended that you seek advice from our team of criminal lawyers in Parramatta to receive expert guidance on how to proceed, potential outcomes, and any necessary preparation for sentence. Additionally, a fixed fee quote for representation, which includes all traffic offences, will be provided. Our team of experienced bankstown criminal lawyers handles a wide range of legal matters on a daily basis.
