Suspended Sentences

In many states and territories of Australia, a person can be sentenced to a suspended term of imprisonment. This means that the offender is allowed to go on living in the community and does not have to serve the term provided they abide by certain conditions for the duration of the operational period. This page deals with the laws surrounding suspended sentences in the different jurisdictions of Australia.

Suspended sentences in Queensland

In Queensland, a court can order that a term of imprisonment be suspended under the Penalties and Sentences Act 1992 if the term is for five years or less. A sentence may be suspended for an operational period of up to five years.

Under section 147 of the Penalties and Sentences Act 1992, if a person commits an offence while on a suspended sentence in Queensland, the court may order:

That the operational period of the sentence be extended;
That the offender be made subject to a further suspended sentence;
That the offender serve all or part of the term of imprisonment.

ACT

In the ACT, a court can order that all or part of a term of imprisonment be suspended upon the offender entering into a good behaviour order under the Crimes (Sentencing) Act 2005. The offender will then be required to comply with their good behaviour obligations for the period of the good behaviour order.

Western Australia

In Western Australia, a court can order that a term of imprisonment of 60 months or less be suspended for an operational period of up to 24 months.

When a person breaches a suspended sentence in WA, the court may:

Order them to serve all or part of the term;
Extend the operational period;
Impose a f ine of up to $6,000.

Suspended sentences in South Australia

In South Australia, a court can order that a term of imprisonment be suspended under section 96 of the Sentencing Act 2017. The sentence will be suspended on a number of conditions, including that the person be of good behaviour and does not possess a firearm.

Suspended sentences are not available in South Australia in respect of certain offences, including serious sexual offences and serious organized crime offences.

Tasmania

In Tasmania, a court may order that a term of imprisonment be suspended in whole or in part. Under section 24 of the Sentencing Act 1997, a number of conditions may be attached, including that the offender must perform a number of hours of community service, that they be subject to supervision by a probation officer or that they undertake a rehabilitation program.

If there is a breach in Tasmania, the court may:

Order the offender to serve all or part of the term;
Impose another sentence in its place;
Vary the conditions;
Make no order.

Suspended sentences in the Northern Territory

In the NT, a court may suspend a term of imprisonment of five years or less in whole or in part under the Sentencing Act 1995.

Under section 43 of the Sentencing Act 1995, when a person breaches a suspended sentence in the NT, the court may:

Order that they serve all or part of the term;
Extend the operational period;
Make no order.

Victoria and New South Wales

In Victoria and New South Wales, suspended sentences have been abolished.

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

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.