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.
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.
GOOD BEHAVIOR BOND
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. The bond may be for a period of up to 5 years. Upon entering the good behaviour bond you may also have to abide by certain conditions, such as : counselling, rehabilitation or supervision by NSW Probation and Parole.
COMMUNITY SERVICE ORDER (CSO)
A Community Service Order involves unpaid work in the community. You must be assessed as suitable for community service work by NSW Probation and Parole before the court can impose such an order.
This is a prison sentence, however it is suspended upon condition that you enter a good behaviour bond. A suspended sentence is available for terms of imprisonment not exceeding 2 years. If you breach a suspended sentence then the good behaviour bond may be revoked. The court may then impose home detention or an Intensive Corrective Order (ICO), depending upon the circumstances of the breach and your suitability. Alternatively, the court may sentence you to serve a full time custodial sentence in prison.
INTENSIVE CORRECTIVE ORDER (ICO)
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. Before being sentenced to an ICO you must first be assessed as suitable. 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.
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.