When a defendant is convicted in Queensland, the court (usually a Magistrate or Judge) must impose a sentence. The Penalties and Sentences Act 1992 (Qld) tells courts what factors to consider: the need to punish, rehabilitate, deter, protect the community, and denounce the crime. The court also looks at the nature of the offence, harm caused, and your personal circumstances (like criminal history and cooperation)
Sentencing Options of Court
Queensland courts have a range of sentencing options. For example, you might get:
- A fine for minor offences (payable by a due date, or a short default jail term if unpaid).
- A good behaviour bond (you promise to be of good behaviour, often with a monetary recognisance).
- A probation order, where you remain in the community under supervision and must report to a probation officer.
- Community service (unpaid work).
- Intensive Corrections Order (community order with strict conditions, akin to parole without jail).
- A suspended sentence (prison sentence released on good behaviour bond).
- Imprisonment (in a QLD jail) for serious offences.
You may receive more than one penalty (e.g. a fine plus probation). The court will explain your sentence on the spot.
Probation: If a court orders probation, you stay in the community but under conditions. A probation order (usually 6 months to 3 years) requires you to report to a probation officer and obey directions. You must not re-offend, not leave QLD without permission, and comply with any treatment or counselling required. Probation is intended to help rehabilitation by providing support and monitoring. Breaching probation (e.g. missing appointments) can lead to a new charge or revocation of the order.
Parole: For longer prison terms, an offender may be eligible for parole – early release under supervision. In Queensland, prisoners are usually considered for parole after serving a minimum portion of their sentence. Parole is granted by a parole board under the Corrective Services Act 2006 (Qld). A parolee must follow strict conditions (report to a parole officer, travel restrictions, electronic monitoring, etc.). If a parolee breaks the conditions, they can be returned to custody to finish their sentence.
Whether probation or parole is granted depends on factors like your behaviour in custody, rehabilitation prospects, and risk to the community.
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.
