Suspended Sentences (ACT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

Many states and territories have suspended sentences as a sentencing option. This is a term of imprisonment where the offender is allowed to remain living in the community and does not have to go to prison unless they breach the conditions of the order. This page deals with suspended sentences in the ACT.

A suspended sentence represents a significant alternative to immediate imprisonment, allowing offenders to maintain their employment, family relationships, and community connections while serving their sentence. This sentencing option reflects the court's recognition that imprisonment may not always be the most effective way to achieve rehabilitation and reduce reoffending rates.

Legislation

In the ACT, the Crimes (Sentencing) Act 2005 governs criminal penalties. Section 12 of that Act provides that courts may impose terms of imprisonment that are wholly or partly suspended.

Legislative Framework

The Crimes (Sentencing) Act 2005 establishes the comprehensive framework for suspended sentences in the ACT. Section 13 of the Act outlines the court's power to impose conditions on suspended sentences, while Section 15 details the consequences of breaching these conditions. The legislation ensures that suspended sentences serve as both a punishment and a deterrent while providing opportunities for rehabilitation.

Court Discretion

Under the Act, courts have considerable discretion when determining whether to impose a suspended sentence. The court must consider factors such as the nature and circumstances of the offence, the offender's character and criminal history, and the likelihood of rehabilitation. This discretionary power allows judges to tailor sentences to individual circumstances and community safety requirements.

Wholly vs partly suspended sentences

When a person is sentenced to a term of imprisonment that is wholly suspended, they do not go to prison at all unless they breach the terms of the order. They will be required to sign the order agreeing to its condition and will remain in the community. If they commit another offence or fail to comply with other conditions of the sentence, they will be required to appear in court again and may be ordered to serve some or all of the term that was suspended.

When a person is sentenced to a term of imprisonment that is partly suspended, they must go to prison to serve the first part of the term. When they reach the end of that part of their sentence, they will be released subject to conditions. If they breach those conditions, they may be ordered to return to prison to serve the part of the sentence that was suspended.

Benefits of Wholly Suspended Sentences

Wholly suspended sentences offer significant advantages for both offenders and the community. Offenders can continue working, supporting their families, and accessing community-based rehabilitation programs. This approach often results in better long-term outcomes, including reduced recidivism rates and improved social reintegration.

Partly Suspended Sentence Considerations

Courts may impose partly suspended sentences when the seriousness of the offence requires some immediate imprisonment, but the offender's circumstances suggest they would benefit from supervised release. This approach provides a balance between punishment and rehabilitation, acknowledging both the harm caused and the potential for reform.

Conditions

All suspended sentences carry the condition that the offender must not commit another offence punishable by imprisonment.

Other conditions may be attached depending on the circumstances of the offender and the type of offence they are sentenced for. These may include a condition that the offender must not leave the territory, that they must attend work or study commitments, that they report to the local police at certain times, that they must not consume alcohol or other drugs, that they must abide by a curfew, or that they must not associate with certain persons – such as co-offenders.

A person may also be ordered to participate in rehabilitation programs or to comply with medical treatment as a condition of their suspended sentence. This is likely in cases where substance abuse or mental health issues were an underlying cause of the offending.

Standard Conditions

Beyond the mandatory condition of not committing further offences, courts typically impose standard conditions designed to support rehabilitation and community safety. These include regular reporting requirements, maintaining approved accommodation, and notifying authorities of any change in circumstances. Compliance with these conditions is monitored by ACT Corrective Services.

Special Conditions

Special conditions are tailored to address specific risk factors associated with the individual offender. For domestic violence offences, conditions may include prohibited contact with victims and completion of behaviour change programs. For driving offences, conditions might include licence restrictions and mandatory participation in traffic education programs.

Intensive corrections orders

Under section 80 of the Crimes (Sentencing) Act 2005, a court must not sentence a person to serve a suspended sentence and an intensive corrections order for the same matter. However, if a person who is on a suspended sentence is convicted of another offence that occurred before the offence to which the suspended sentence relates, the court may impose an intensive corrections order for the earlier offence.

This legislative provision prevents the inappropriate stacking of community-based sentences and ensures clarity in sentencing arrangements. The distinction between suspended sentences and intensive corrections orders is important, as each serves different purposes within the criminal justice system and carries different obligations and monitoring requirements.

Convictions

When a person is sentenced to a suspended sentence, a conviction must be recorded.

The recording of a conviction has significant implications for the offender's future, affecting employment opportunities, travel prospects, and professional licensing. Unlike some other sentencing options where courts have discretion about recording convictions, suspended sentences automatically result in a criminal record. This reflects the serious nature of offences that warrant terms of imprisonment, even when suspended.

Young offenders

When a court sentences a person under 18 to a suspended sentence, the young person's parent or guardian must be served with a copy of the order.

The involvement of parents or guardians recognises the important role family support plays in youth rehabilitation. The Children and Young People Act 2008 provides additional protections and considerations for young offenders, emphasising rehabilitation and education over punishment. Courts must consider the young person's developmental stage and capacity for change when imposing suspended sentences.

Breach Proceedings

Breach Process

When an alleged breach occurs, the offender must appear before the court to answer the allegations. Section 15 of the Crimes (Sentencing) Act 2005 outlines the breach procedures, requiring the prosecution to prove the breach on the balance of probabilities. The offender has the right to legal representation and can challenge the allegations.

Consequences of Breach

If the court finds a breach has occurred, it has several options including ordering the offender to serve the suspended term, varying the conditions, or extending the operational period. The court considers factors such as the nature of the breach, the offender's compliance with other conditions, and any changed circumstances since the original sentence.

Legal Representation and Appeals

Importance of Legal Advice

Given the complexity of suspended sentence legislation and the serious consequences of breach, legal representation is crucial. Experienced criminal lawyers can help navigate the conditions, advise on compliance issues, and represent clients in breach proceedings. Early legal intervention can often prevent minor issues from escalating into serious breaches.

Appeal Rights

Offenders have the right to appeal both the imposition of a suspended sentence and decisions made in breach proceedings. Appeals must be lodged within strict timeframes,