Probation Orders & Breaches
If you have committed a crime and you are convicted, you may receive a probation order as part of your sentence.
A probation order is a set of conditions imposed on you by the court for a set period of time which can be anywhere in the realm of 6 months to 2 years.
Often, a probation order is used instead of a prison sentence or can also be combined with a prison sentence. If you do not agree to the terms of the probation, the magistrate will find another punishment for you to undertake.
Probation Order Conditions
It is common for a probation order to the requirement you to keep the peace, be of good behaviour, report any changes to your address or occupation and also appear in court when necessary.
Some probation orders will have extra conditions such as:
- Reporting to a probation officer on a regular basis.
- Not owning any weapons.
- Not to consume drugs or alcohol.
- Not to contact specific people.
- Attend counselling or rehabilitation.
- Completing community service hours.
- Not allowed to leave the state without permission.
Reporting To A Probation Officer
You may be required to report to a probation officer or be supervised by a probation officer (usually during community service/counselling).
If you violate this term of your probation, your probation officer can charge you with a "Breach of Probation" which could result in further entries on your criminal record and a more extreme sentence on any future charges.
Breaches of Probation
A breach offence occurs when:
- You have committed another offence during your probationary period; or
- You have failed to comply with or complete a community-based order such as community service or an intensive corrections order.
Courts have zero tolerance for breaches of probation and will impose strict penalties. The penalties of the breach vary depending on the severity of the misconduct and the nature of the offence.
In Queensland, 80.5% of those who have breached a community service order have been returned to court and 24.87 were returned to custody.
Defending A Breach of Probation Charge
If you have breached your probation order, you should realise that there are few credible defences that can be used. Generally, the best defence against a breach is to demonstrate that you had a reasonable excuse for being non-compliant or that the requirement of your probation order was not reasonable.
It is essential to obtain legal advice from an experienced criminal defence lawyer when trying to defend against a breach of probation charge.
Call an Expert
If you are charged with a breach offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.