What is a Probation Order?

A Probation Order is a community-based sentencing option used by the Courts. The Courts are able to release an offender into the supervision of a Probation and Parole Officer under a Probation Order.  A Probation Order is often imposed as an alternative to a period of imprisonment.

Am I eligible for Probation?

A Probation Order is able to be imposed when the offender requires treatment, guidance or rehabilitation.  The imposition of the Probation Order ensures that the offender seeks this assistance, reducing the risk of re-offending.

The offender must be willing to comply with the conditions of the Probation Order, and must consent to the Order being made.

What are the conditions of a Probation Order?

The Court is able to impose a number of different conditions on a Probation Order.  The number and nature of the conditions is dependent on the matter for which the Probation Order is being imposed.

A Probation Order commonly contains conditions that require the offender to:-

  • comply with any reasonable direction of their Probation Officer;
  • not commit further offences while on Probation;
  • obtain permission from their Probation Officer prior to leaving the State;
  • participate in psychological and medical counselling;
  • participate in drug or alcohol testing; and
  • notifying their Probation Officer should their circumstances change.

If you are placed on a Probation Order, your Probation Officer will ensure that you comply with the conditions of your Probation Order.  It is therefore important to keep in regular contact with your Probation Officer.

How long will the Probation Order last?

The Probation Order will last for between 6 months and 3 years.  The length of the Probation Order is dependent on the severity of the offence.

What happens if I don’t comply with the conditions of my Order?

You may be charged with breaching the Probation Order if you do not comply with the conditions imposed.  Penalties for breaching a Probation Order include a fine or a term of imprisonment.  Further, you may also be resentenced for the original offence.  In those circumstances, the penalty for the original offences is likely to be severe, and could include a period of imprisonment.

If you would like more information regarding Probation Orders, or other sentencing options, please contact our office on (07) 4963 2000 or via the contact form below.

Cassandra Adorni-Braccesi
Solicitor
Criminal Law

Wallace & Wallace Lawyers
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