A Guide to Penalties
Fines
Fines are referred to the State Penalties and Enforcement Registry (SPER). You will receive an Enforcement Order asking you to pay the fine. If this happens, you should contact SPER immediately and try to arrange part-payments through an Instalment Plan. Contact SPER on 1300 365 635, Monday to Friday, between 8 am and 5.45 pm. It is important to note that failure to meet a SPER debt can result in your driver’s licence being suspended.
Good Behaviour Bond
If you are given a Good Behaviour Bond by the Court, it will be for a certain operational period with a recognisance of a monetary amount.
If you are not convicted of a new offence prior to the end of the operational period of the Bond, the Bond will automatically expire and the matter will be at an end.
If you are convicted of a new offence during the operational period of the good behaviour bond, you will be sentenced for the new offence and further you may have to pay the amount of the bond ordered, and appear in Court to be re-sentenced for the original offence.
Community Service
A Community Service Order is an Order that requires you to perform a certain amount of hours undertaking unpaid work in the community.
The conditions of a Community Service Order are that you:
must perform a specific amount of hours of community service;
must not commit another offence during the operational period of the Order;
must report to, and receive visits from, a corrective services officer as directed by the officer;
must perform community service in a satisfactory way — as directed by a corrective services officer — for the number of hours stated, at the times directed by the officer;
must let a corrective services officer know of changes to your residential address and employment within two business days of the changes;
must not leave or stay out of Queensland without the permission of a corrective services officer; and
must follow all reasonable directions of a corrective services officer.
If you do not fulfil the conditions of the community service order you will be in breach of the order, which is an offence. The Court will sentence you for the breach and re-sentence you for the original offences.
Probation
A Probation Order places you under the supervision of a Probation Officer.
It is designed to offer you guidance and assistance within the community to assist you with your rehabilitation.
The conditions of a Probation Order are that you:-
Must not commit another offence during the operational period of the order;
Must report to a corrective services officer within 24 hours of your appearance before the Court;
Must report to, and receive visits from, a corrective services officer as directed by the officer;
Must take part in counselling and satisfactorily attend other programs as directed by the Court or a corrective services officer;
Must notify a corrective services officer of changes to your residential address and employment within two business days of the change;
Must not leave or stay out of Queensland without the permission of a corrective services officer; and
Must follow all reasonable directions of a corrective services officer.
Suspended Sentence
A suspended sentence is a suspended term of imprisonment that remains in force for an operational period, for example for 12 months. If you are convicted of a new offence during the operational period of the suspended sentence, you will be brought back to Court. The Court will then decide whether to:-
Extend the operational period of your suspended sentence;
Order you serve the whole suspended sentence in jail, or
Order you serve part of the suspended sentence in jail.
The Court will also sentence you for any offences committed. If you are not convicted of another offence during the operational period of the suspended sentence, the sentence will end and you will not have to go to jail for the offence/s.
Parole
A Parole Order places you under the supervision of a Parole Officer.
The conditions of a Parole Order are that you:
Must not commit another offence during the period of the order;
Must report to a corrective services officer within 24 hours of your appearance before Court;
Must report to, and receive visits from, a corrective services officer as directed by the officer;
Must take part in counselling and satisfactorily attend other programs as directed by the Court or a corrective services officer;
Must notify a corrective service officer of changes to your residential address and employment within two business days of the change;
Must not leave or stay out of Queensland without the permission of a corrective services officer; and
Must follow all reasonable directions of a corrective services officer.
Intensive Correctional Order
The conditions of an Intensive Correctional Order, are that you:
must not commit another offence during the period of the order;
must report to a corrective services officer at the Probation and Parole office within 24 hours of your sentence;
must report to, and receive visits from, a corrective services officer at least twice each week;
must take part in counselling and satisfactorily attend other programs as directed by the Court or a corrective services officer during the period of the order;
must let a corrective services officer know of changes to your residential address and employment within two business days of the changes;
must not leave or stay out of Queensland without the permission of a corrective services officer; and
must follow all reasonable directions of a corrective services officer.
If you breach your Intensive Correctional Order you may be required to serve the remaining balance in prison. Therefore if you committed a breach in the first month you would have 11 months to serve, if you commit and breach in the fifth month you would serve 7 months and so forth.
Recognisance Release Order
The Court will set a term of imprisonment, an operational period and a monetary amount that constitutes the recognisance.
The conditions of a Recognisance Release Order are that you must not reoffend within the operational period of the Order.
Breaching a Recognisance Release Order can result in being called back before the Court and dealt with for the breach, in which case the Court may:
Take no action for the breach,
Extend the period of complying with conditions of the Order, or
Revoke the Order and impose an alternative sentence, which may include full time imprisonment.
If you have been asked to do a police interview and are unsure what to do or need more help or advice, do not hesitate to contact one of our lawyers urgently.