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Lamont Law specialise in criminal law. If you have been charged with a criminal offence, you need expert legal advice.
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Frequently Asked Questions
Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows a Court upon finding you guilty of a criminal or traffic offence to record no conviction. This means that you will not have a criminal record for this offence. In traffic matters this section also incurs no loss of license, fine or demerit points.
The court may dismiss the charge with no conditions or the court may dismiss the charge and place you on a good behaviour bond for a period of up to 2 years. If any of the conditions of the bond are not complied with, then the court may revoke the bond and impose a different sentence which may then result in a criminal record.
The Court may order you to enter a good behaviour bond according to which you must be of good behaviour for a period of time. Upon entering the good behaviour bond you may also have to abide by certain conditions, such as : counselling, rehabilitation or supervision by Community Corrections. A CCO may also involve unpaid work in the community. You must be assessed as suitable for community service work before the court can impose such an order.
An ICO is a sentence of imprisonment, however it is served in the community. You are required to perform community service and you will be supervised by Community Corrections. You may be required to wear an electronic monitoring device, undergo drug and alcohol testing, reside at a specific address, and attend rehabilitation programs. If you breach an ICO then the Parole Authority can revoke the ICO and you will then serve your sentence in prison. An ICO cannot be imposed for sentences of over 2 years, unless you are sentenced to an aggregate sentence in which case it can be for a period of up to 3 years.
Home detention is a term of imprisonment that is served at your residence and not in prison itself. To be eligible for home detention you must be assessed as suitable. The maximum period of a home detention order is 18 months. You will be subject to electronic monitoring and supervision. If you breach a home detention order then you may spend the remainder of your sentence in prison.
A fine is the most common form of penalty in the Local Court. If you are fined an amount of money then you will have a criminal conviction recorded. The amount you are fined will depend upon the offence and your ability to pay the fine imposed. You have 28 days to pay the fine. However, you can make an application with the registry to be granted extra time to pay the fine.
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