Charged With Breaching a Suspended Sentence in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

If you've been charged with breaching a suspended sentence in Tasmania, you're facing the very real possibility of serving your original prison sentence immediately. The law creates a strong presumption that your suspended sentence will be activated, meaning you could go to prison unless exceptional circumstances exist. You need urgent legal representation to argue against activation of your suspended sentence. Every day you delay getting proper legal advice reduces your chances of avoiding imprisonment.

Do You Need a Lawyer?

Yes, absolutely. Breaching a suspended sentence is one of the most serious situations you can face in the Tasmanian criminal justice system. Without proper legal representation, you're almost certain to serve your original prison sentence.

Here's what's at risk without a lawyer: The Magistrates Court or Supreme Court of Tasmania operates under a legal presumption that your suspended sentence should be activated. This means the court assumes you should go to prison unless your lawyer can present compelling reasons why you shouldn't. Self-represented defendants rarely understand the specific legal tests the court applies or how to present evidence that meets these tests.

A skilled criminal lawyer can realistically change your outcome by:

• Arguing that exceptional circumstances exist to justify not activating your sentence
• Presenting character evidence and rehabilitation efforts in the most persuasive way
• Negotiating with prosecutors about the breach allegations
• Exploring whether the alleged breach actually meets the legal definition
• Seeking alternative outcomes like extending your suspended sentence period

The difference between having expert legal representation and going alone often determines whether you walk out of court or go directly to prison. This isn't a situation where you can afford to represent yourself.

What Happens Next - The Process

Understanding the exact process helps you prepare for what's coming and take action at the right moments:

1. Breach Application Filed: Police or the Director of Public Prosecutions files a breach application in either the Magistrates Court of Tasmania or Supreme Court of Tasmania (depending where your original sentence was imposed). This typically happens within 2-4 weeks of your alleged breach.
2. First Court Appearance: You'll receive a summons requiring your attendance at court. If you're arrested, you may be held in custody until this hearing. The court will read the breach allegations and set a hearing date, usually 2-6 weeks away.
3. Breach Hearing Preparation: Your lawyer gathers evidence about your circumstances since the original sentencing, any rehabilitation efforts, character references, and evidence disputing the alleged breach. This is the most critical phase - strong preparation here determines your outcome.
4. Breach Hearing: The prosecution presents evidence of your alleged breach. Your lawyer argues why your suspended sentence shouldn't be activated, presenting evidence of exceptional circumstances. The magistrate or judge makes their decision on the day.
5. Sentencing Decision: The court either activates your suspended sentence (you go to prison immediately), varies the conditions, or dismisses the breach application. If your sentence is activated, you'll be taken into custody immediately unless your lawyer successfully argues for bail pending an appeal.

Time is critical at every step. The earlier your lawyer becomes involved, the better they can prepare your case and potentially negotiate with prosecutors before the hearing.

The Law in Tasmania

Tasmania's suspended sentence laws are governed by the Sentencing Act 1997 (Tas), specifically sections 26-32. Understanding these provisions is crucial because they create the legal framework that determines your fate.

Under section 29 of the Sentencing Act 1997, the court must activate your suspended sentence unless satisfied there are exceptional circumstances. This isn't just a guideline - it's a legal requirement that creates a strong presumption against you.

What constitutes a breach under Tasmanian law:

• Conviction for a new offence: Any criminal conviction during your suspended sentence period, regardless of how minor
• Failure to comply with conditions: Not meeting reporting requirements, community service obligations, or other specific conditions imposed
• Failure to appear in court: Missing scheduled court appearances related to your suspended sentence

The "exceptional circumstances" test requires evidence that your situation is genuinely unusual and that activating your suspended sentence would be unjust. Tasmanian courts have found exceptional circumstances in cases involving:

• Significant mental health deterioration since original sentencing
• Family crises requiring your immediate care and support
• Technical breaches where you made genuine attempts to comply
• Substantial rehabilitation efforts demonstrating changed circumstances

Penalty ranges depend on your original sentence length. If your suspended sentence is activated, you'll serve the full original term unless your lawyer successfully argues for a reduction. There's no automatic reduction for time already served on the suspended sentence.

The law strongly favours imprisonment once you've breached. That's why immediate expert legal advice is essential.

Mistakes to Avoid

We've seen these critical mistakes destroy cases that could have been won with proper handling:

1. Admitting to breaches without understanding the legal definition: Many people assume they've breached their suspended sentence when they legally haven't. We've had clients who thought missing one community service session was a breach, when the legal test requires "wilful failure" to comply. Others believed they'd breached by being charged with an offence, when the law requires an actual conviction. Don't admit to anything until a lawyer explains exactly what constitutes a legal breach in your situation.

2. Waiting to engage a lawyer until after the breach hearing is scheduled: The critical work happens before you get to court. Character references need to be gathered, rehabilitation evidence compiled, and negotiations with prosecutors explored. Clients who call us the day before their hearing have already lost most opportunities to influence the outcome. We need weeks, not hours, to properly prepare your case.

3. Focusing on excuses rather than exceptional circumstances: Courts hear the same explanations daily - job stress, relationship problems, financial pressure. These aren't exceptional circumstances under Tasmanian law. We've seen people prepare heartfelt speeches about why they breached, when the court needs legal evidence of why their situation is genuinely unusual and requires different treatment.

4. Assuming your original lawyer automatically knows about the breach: Many clients believe their lawyer from the original case will be notified about breach proceedings. This doesn't happen automatically. Meanwhile, that lawyer may not even practice in criminal law anymore or may not be experienced with breach applications. You need a lawyer who specifically handles suspended sentence breaches.

5. Not taking technical breaches seriously: Clients often think minor breaches - missing a reporting appointment, being late for community service - won't result in imprisonment. We've seen people receive identical prison sentences for technical breaches and serious new offending. The court applies the same legal test regardless of how minor your breach seems.

Each of these mistakes can mean the difference between freedom and immediate imprisonment. That's why you need lawyers who've handled hundreds of these cases and know exactly how to navigate the system.

Likely Outcomes and Costs

With expert legal representation, realistic outcomes include:

Best case scenario: Breach application dismissed entirely (10-15% of cases with strong legal representation). This happens when we successfully argue the alleged breach doesn't meet the legal definition or that the evidence is insufficient.

Good outcome: Suspended sentence continues with modified or additional conditions (25-30% of cases). This might involve extended supervision periods, additional community service, or new reporting requirements instead of imprisonment.

Partial success: Suspended sentence partially activated - you serve some imprisonment but not the full original term (20-25% of cases). This typically happens when we establish exceptional circumstances that reduce but don't eliminate the need for immediate imprisonment.

Standard outcome with representation: Full activation but with opportunity to apply for early release or home detention (remaining cases). Even when imprisonment is unavoidable, proper representation often secures better prison conditions or earlier release opportunities.

Without legal representation: Full activation of suspended sentence in over 85% of cases. Self-represented defendants rarely understand how to present evidence of exceptional circumstances or argue the legal technicalities that can save them.

Legal costs typically range from $3,000-$8,000 for breach proceedings, depending on complexity and preparation required. This includes the $295 fixed-fee consultation, preparation time, court appearances, and any necessary negotiations with prosecutors. Complex cases requiring expert evidence or multiple court appearances may cost $8,000-$15,000.

Compare this to the cost of imprisonment: losing your job, family disruption, criminal record consequences, and the personal cost of months or years in custody. For most people, proper legal representation pays for itself many times over.

Most breach proceedings are resolved within 6-12 weeks from first court appearance. The sooner you engage legal representation, the better your chances of avoiding imprisonment entirely.

How Go To Court Lawyers Can Help

Go To Court Lawyers has over 800 lawyers operating across every state and territory, with specific expertise in Tasmanian suspended sentence breach proceedings. Our lawyers appear daily in the Magistrates Court of Tasmania and Supreme Court of Tasmania, handling these exact situations.

What makes us different:

• Immediate availability: Our 24/7 hotline (1300 636 846) means you can get urgent legal advice right now, not next week when it might be too late
• Fixed-fee consultation: No surprises or hidden costs - you know exactly what the initial advice costs
• Proven track record: 4.5-star rating from 780+ reviews, with specific success in breach proceedings across Australia
• Tasmania-specific expertise: Our lawyers understand the particular approaches of different Tasmanian magistrates and judges
• Immediate action: We can start working on your enquiry today, gathering evidence and preparing your defence

Our lawyers know exactly how to present evidence of exceptional circumstances in ways that Tasmanian courts accept. We understand the difference between what sounds compelling to you and what actually meets the legal test under the Sentencing Act 1997.

Don't wait until your court hearing is scheduled. Every day you delay reduces our ability to prepare a strong case and explore all possible options.

Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book, or request urgent help through our website. Your freedom may depend on the call you make in the next 10 minutes.