Criminal Sentences

For all of the below sentences there are strict conditions and limitations. For more detailed information, contact Australian Criminal Law Specialists on 24 hours 7 days a week.

Section 10: refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. There are three types of Section 10s. Outright dismissal - Section 10(1)(a); conditional dismissal with a good behaviour bond - Section 10(1)(b); and conditional dismissal with a rehabilitation course Section 10(1)(c).

Section 19b: this is where the court is satisfied that the charge has been proven against the defendant, but will not pass a conviction because it would not be advantageous to pursue punishment. 19B(1)(b) Crimes Act 1914 (Cth).

Fine: this is the most common penalty imposed by a Local Court. The Magistrate or Judge will consider your financial situation when setting the amount.

Restitution: a Federal court has the power to order restitution in all cases – for example payment of compensation to someone who has sustained injury as a result of your actions.

Recognizance Release Order: there are three situations where this can be imposed, and these depend on the seriousness of the crime. A recognizance release order can be obtained before sentencing, after sentencing but before imprisonment, and after serving a specified amount of time of a sentencing: s. 20(1)(a) Crimes Act 1914 (Cth) and 20(1)(b) Crimes Act 1914 (Cth).

Good behaviour bond: this imposes a requirement of good behaviour on you for a specified amount of time, with other conditions possible in the order.

Community Service Order: a Community Service Order (CSO) can involve unpaid work in the community, or attendance at a Centre to undertake a course such as Anger Management. You must meet certain criteria to be eligible for this.

Suspended Sentence: this is a sentence that is suspended when you enter into a good behaviour bond – as long as you don’t break that bond the jail sentence will not be required to be served.

Periodic Detention:  this is commonly known as ‘weekend detention’ and involves detention in a periodic detention centre for a two day period each week for the length of the sentence set by the court.

Home Detention: this is an alternative to full-time imprisonment, and involves serving your sentence at home under strict supervisation and electronic monitoring: s. 78(1) Crimes (Sentencing Procedure) Act 1999 (Cth).

Full Time Jail

Deferral of Sentence: in specific situations, the court can make an order to adjourn proceedings for a maximum time of 12 months: s. 11(1) Crimes (Sentencing Procedure) Act 1999 (Cth).

This information is provided for you by Australian Criminal Law Specialists for use as a guide only – please do not base your actions from this page. To talk to an experienced Criminal Defence Lawyer about what sentence that you might receive and to get expert advice to guide you through the complexities of the legal system, please call us on 1800 2746 529 at any time. We will provide you with specialist advice and an honest opinion on what your options are. If you choose Australian Criminal Law Specialists to act on your behalf, we can also provide you with statistics from the Judicial Commission website that are not openly available to members of the public.

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