Suspended Sentences (ACT)

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.

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.

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.

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.

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.

Convictions

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

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.

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