If a court has imposed a probation or community service order as part of your sentence, you are required to comply with all conditions of that order for the duration of it, complete the community service as directed and importantly, not commit any other offence during the period of the order. The conditions will be explained and you will be required to confirm that you consent to that order being made prior to the sentence being imposed. If you do not consent to a probation or community service order, the court cannot impose those orders and will consider another sentencing option. The risk then is that they will then consider a period of imprisonment as an option instead.
What is a Community Service Order?
Community service is an order made and imposed by the court, for the offender to do a certain amount of hours of unpaid community service under the supervision of a corrective services officer. The order will be for a period of not less than 40 hours and not more than 240 hours. The general time frame the order must be completed by is one year, unless specified otherwise by the court.
What is a Probation Order?
A probation order is a sentencing order that places the offender under the supervision of the Probation and Parole Service and requires compliance with the listed conditions. The purpose of this order is to encourage the offender to address their offending and their personal needs through case management. A probation order can range from a period of 6 months up to 3 years. The standard conditions of a probation order includes:
- Prohibited from committing another offence
- Reporting to a Probation and Parole Service district office
- Participating in programs or counselling as directed
- Getting permission before leaving the state
- Telling a correctional officer if you change your address or employment status
There may be additional conditions added to your probation order if the Magistrate or Judge finds it to be appropriate to ensure more intensive support for your individual needs.
Breaching a Community Service or Probation Order
You will be in breach of your probation or community service order if you do not comply with the conditions outlined in the order without reasonable excuse. If so, the corrective services order may apply to revoke the order and for the court to re-sentence you for the original offences. If they find that you are not suitable for further community based orders, the court is unlikely to consider those. A warrant can be issued for your arrest if you do not appear in court for an application to revoke your order.
If you have been convicted of further offences during the period of the order, the sentencing Magistrate or Judge does have power to find you in breach of the order and re-sentence you in relation to the original offences, even if the department or corrective service has not commenced breach proceedings.
Other options open to the court on breach proceedings, other than to re-sentence you on the original offences, are to punish you for the breach and take no further action (allowing the order to continue), extend the duration of the order, or increase the number of hours of community service to be completed.
What if my circumstances changed and I cannot comply with the order?
It is important to note that if you are before the court for breaching your probation or community service order and the court has determined you should be re-sentenced for the original offences, they must record a conviction for those original offences.
If you are unable to comply with the conditions of your order for any reason you should immediately tell your corrective services officer and produce any relevant evidence, such as medical certificates. They can excuse you from participating for a period if required, or re-assess your work instructions for a community service order. You or the department also have the option to apply to revoke the order if your circumstances have changed and you are now unable to comply with the order.
This post contains general advice only and is not intended as legal advice.
