In Queensland, when a person is found guilty of an offence, the court has the discretion to either record a conviction or not record a conviction against them. This decision can have long-term consequences, particularly concerning employment, travel, and professional licensing (such as a blue card). Understanding how courts exercise this discretion is crucial for anyone facing sentencing in Queensland.
Legal Framework: Sentencing Principles
The Penalties and Sentences Act 1992 (Qld) governs the court’s discretion in recording convictions. Specifically, Section 12 outlines the considerations a court must take into account when deciding whether to record a conviction.
The court must consider:
- The Nature of the Offence – The seriousness of the offence plays a significant role in determining whether a conviction should be recorded. More serious offences are more likely to result in a recorded conviction.
- The Offender’s Character and History – A person’s prior criminal history, or lack thereof, can influence whether a conviction is recorded. First-time offenders may have a better chance of avoiding a recorded conviction.
- The Impact on the Offender’s Economic or Social Well-being – The court will consider whether recording a conviction would adversely affect the offender’s ability to gain employment, travel, or hold professional licenses.
- The Interests of Justice – The court weighs the public interest in punishment and deterrence against the individual circumstances of the offender.
When a Conviction is Not Recorded:
A conviction is less likely to be recorded when:
- The offender has no prior criminal history.
- The offence is relatively minor (e.g., low-level drug possession, public nuisance, or some driving offences).
- Recording a conviction would disproportionately harm the offender’s future, such as affecting their ability to work in professions requiring a clear criminal history (e.g., law, healthcare, teaching).
In cases where the court does not record a conviction, the offender is still found guilty, and the offence can be taken into account in future sentencing, but it will not appear on a standard police clearance certificate. If a conviction is recorded, it may appear on criminal history checks, which can affect employment, visa applications, and travel restrictions.
A well-prepared submission can influence the court’s decision on whether to record a conviction.
Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
