Probation (Qld)

In Queensland, courts have a number of non-custodial options available to them when sentencing a person who has been found guilty of offences that warrant a term of imprisonment. One of these is a term of probation. This page deals with the sentencing order of probation in Queensland.

Legislation

Probation orders are governed by Part 5 of the Penalties and Sentences Act 1992.

What is probation?

Probation is a sentence that involves a person being placed under supervision while continuing to live in the community. The offender must abide by conditions including not committing any further offences and reporting to Probation and Parole.

A probation order may be made for a period of between six months and three years.

A person may be sentenced to a term that includes a period of actual imprisonment followed by a period of probation. When this occurs, the term of imprisonment must be for no longer one year and the term of probation for between nine months and three years.

Conditions

Under section 93(1), the conditions that must be attached to a probation order are that the offender:

• must not commit another offence
• must report to an authorised corrective services officer
• must report to, and receive visits from, an authorised corrective services officer as directed
• must take part in counselling and programs as directed
• must notify corrective services of any change in residence or employment
• must not leave the state without permission
• must comply with the reasonable directions of corrective services.

 The court may imposes further conditions that it considers necessary to help the offender to rehabilitate and avoid further offending.

Who may be sentenced to a probation order?

A probation order may be made if the person being sentenced:

• has a limited criminal history
• is not subject to a suspended sentence
• appears to have the capacity to address their offending
• is likely to benefit from supervision and guidance in addressing the issues underlying their offending
• agrees to the conditions of the probation order.

Breaching a probation order

Under section 123, it is an offence to breach a probation order. This offence is punishable with a fine of up to 10 penalty units.

A person who breaches a probation order may be resentenced for the original offences as well as having a penalty imposed for the breach.

Revocation of probation order

If a person is unwilling or unable to comply with the condition of a probation order, the order may be revoked or amended. This may also occur if the offender’s circumstances were not accurately presented to the court at the time they were sentenced.

Community service orders

A person may be sentenced to a probation order as well as to a community service order (CSO). A CSO requires an offender to complete a specified number of hours of unpaid community service under the supervision of Corrective Services.

A CSO may be for between 40 and 240 hours of community service work and must be completed within one year of the order or by another date set by the court.

This type of order is imposed in order for an offender to repay the community and the establish positive work habits and form community connections.

A person will be sentenced to a CWO only if they are assessed as suitable for the order and agree to its conditions. A person may be sentenced to a CWO in addition to a probation order if a court considers that this combination or orders is appropriate for the person and proportionate to their offending, and if they are assessed as suitable for both orders.    

Corrective Services

Compliance with probation orders is supervised by Corrective Services.  

This office assists the court to assess whether persons are suitable for probation orders, supervises compliance with the conditions of orders, and supports offenders to complete their orders.

Community Corrections is also responsible for supervising offenders on other types of orders such as parole orders and community service orders.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.