Release Without Penalty (Qld)

In Queensland, when a person is found guilty of a criminal offence that is very low level, the court may decide to release them without penalty or with only a nominal penalty. This approach reflects the Queensland criminal justice system's recognition that not all guilty findings warrant harsh punishment, particularly for minor offences or first-time offenders. The court's discretion in these matters is governed by the Penalties and Sentencing Act 1992 and aims to balance accountability with proportionality in sentencing. This page deals with the orders that can be made when a court releases a person without penalty, including the various types of non-custodial outcomes available under Queensland law.

Why would a court release a person without penalty?

A court may release a person without punishment or with only a nominal punishment for any of the following reasons:

• The offence was trivial
• There were strong extenuating circumstances
• The offender is very young and of prior good character
• It is not appropriate to record a conviction for the offence
• It is not appropriate to impose more than a nominal punishment for the offence

The Queensland legislation does not use the words 'dismissal of charges'. However, the procedures outlined in section 19 and set out below are the equivalent of provisions relating to the dismissal of charges in other states. Queensland courts consider various factors when determining whether to release someone without penalty, including the person's criminal history, their age and maturity, the circumstances surrounding the offence, and the potential impact of a conviction on their future employment or educational opportunities.

Factors Courts Consider

When deciding whether to release an offender without penalty, Queensland courts examine the totality of circumstances surrounding both the offence and the offender. These considerations include the defendant's cooperation with police, any expressions of remorse, steps taken toward rehabilitation, and whether the offending behaviour is likely to be repeated. The court also weighs community expectations and the need for general deterrence against the individual circumstances of the case.

Where no conviction is recorded

Under section 19 of the Penalties and Sentencing Act 1992, when a person is found guilty of an offence but no conviction is recorded, the court may make any of the following orders:

• An order releasing the person absolutely
• An order that the person be released upon enter into a recognisance (or bond) to be of good behaviour and appear before the court if called upon to do so.

The decision not to record a conviction is significant in Queensland's criminal justice system as it provides courts with flexibility to acknowledge wrongdoing without imposing the long-term consequences that accompany a criminal conviction. This approach is particularly beneficial for young offenders or those whose offending is out of character and unlikely to be repeated.

Benefits of No Conviction Being Recorded

When no conviction is recorded under section 19, the offender avoids many of the collateral consequences of a criminal conviction, including potential employment barriers, travel restrictions, and professional licensing issues. This outcome recognises that for minor offences, the court process itself may serve as sufficient deterrent and punishment.

Absolute release

If a person is found guilty without conviction and released absolutely, there are no further consequences for them. The person will have a finding of guilt recorded on their criminal history, but no conviction. A finding of guilt does not have to be disclosed to third parties. However, if the person is later sentenced for another offence, the finding of guilty will be treated as a prior offence for sentencing purposes.

An absolute release represents the most lenient outcome available after a finding of guilt in Queensland. This outcome is typically reserved for the most trivial offences or cases where exceptional circumstances warrant complete leniency. While the finding of guilt remains on the person's criminal history for sentencing purposes in future matters, it does not carry the stigma or practical consequences of a recorded conviction.

When Absolute Release is Appropriate

Courts generally consider absolute release in cases involving technical breaches of the law, very minor property offences, or situations where the offender has already suffered significant consequences as a result of their actions. The court must be satisfied that no further punishment is necessary to achieve the purposes of sentencing outlined in the Penalties and Sentencing Act 1992.

Section 19 good behaviour bond

If a person is released without conviction on a recognisance to be of good behaviour, they must abide by the following conditions for a period of up to three years:

• To be of good behaviour
• To appear before the court if called up on to do so
• Any other conditions the court considers appropriate

A bond may be imposed under section 19 in a case where the court considers that the level of offending warrants a nominal penalty but no more. If the offender complies with the conditions of the bond, there will be no further consequences for them. If the offender breaches the conditions of the bond, the court may resentence them for the original offence.

Additional conditions that may be imposed include requirements to undertake community service, attend counselling programs, pay compensation to victims, or comply with intervention orders. These conditions are tailored to address the specific circumstances of the offence and the offender's needs.

Where conviction is recorded

In Queensland, courts do not have the power to release a person absolutely after a conviction has been recorded. If a court finds someone guilty of an offence and determines that a conviction should be recorded, but the offending only warrants a nominal penalty, it may sentence the person to a good behaviour bond under section 31.

The decision to record a conviction is made carefully, considering factors such as the seriousness of the offence, the offender's criminal history, and the need for general deterrence. Once a conviction is recorded, the court's sentencing options are governed by different provisions of the Penalties and Sentencing Act 1992.

Section 31 good behaviour bonds

When a person has been convicted of an offence by the Magistrates Court or Children's Court, they may be sentenced to a good behaviour bond under section 31. This bond can be made for a period of up to one year. If the offender complies with the bond by staying out of trouble for that period, there are no further consequences.

Section 31 bonds differ from section 19 bonds primarily in their duration and the fact that a conviction has been recorded. These bonds serve as an alternative to more punitive sentences while still maintaining the deterrent effect of a criminal conviction.

Legal Implications and Long-term Consequences

Impact on Future Legal Proceedings

Both findings of guilt without conviction and convictions with bonds can affect future sentencing if an offender reoffends. Courts consider prior findings of guilt when determining appropriate sentences for subsequent offences, even where no conviction was initially recorded. This creates an incentive for compliance with bond conditions and continued lawful behaviour.

Disclosure Requirements

Understanding when and how to disclose criminal history information is crucial for individuals who have received non-custodial outcomes. While findings of guilt without conviction generally do not require disclosure to employers or other third parties, specific industries or licensing bodies may have different requirements under relevant Queensland legislation.

Appeals and Review Options

Defendants who are dissatisfied with a court's decision to impose conditions or record a conviction despite the minor nature of their offence may have appeal rights under the Justices Act 1886 (Qld) or