Non Custodial Offences - Fact Sheet Part 2

Other sentences
1. Courts can impose other sentences than the ones described above. Some of these other sentences can be ordered in conjunction with or independent of the three main non-custodial sentences.
  - Dismissal of charges and conditional discharges
    - A court may dismiss the charges or dismiss a charge conditional on the offender completing an intervention program.
  - Conviction with no other penalty
    - In some cases, a court may order a conviction without imposing a penalty. It may do so when the offence is too serious to dismiss but other circumstances weigh against a penalty.
      - For example, if an offender committed three minor offences, a court may order a maximum fine for one offence while recording convictions with no penalty for the other two offences.
    - Note for traffic offences, the automatic disqualification periods that are imposed through statute still apply.
  - Deferral for rehabilitation or other purpose
    - In light of the sentencing objective of the rehabilitation of the offender, in some circumstances, it is appropriate to allow some time after a finding of guilt to assess the offender for the offender’s rehabilitation prospects and/or order participation in intervention/rehabilitation programs before imposing a final sentence.
    - As such, a court may order that proceedings be postponed to a later date after a finding of guilt.
    - Once rehabilitation is shown or not shown after proceedings resume, a court will be in a better position to sentence the offender.
    - In the interim period, the offender is released on bail and must comply with bail terms. The bail period is governed by the Bail Act 2013.
  - Fines
    - Fines are monetary penalties that a court may order an offender to pay. It can be imposed on its on or in conjunction with some, but not all, other sentences,
  - Non-association and place restriction orders.
    - A court may also order that an offender not associate with or frequent a location if the court is satisfied that it is reasonably necessary for this order to prevent the offender from committing further offences.
    - These orders can only be made in conjunction with other sentences.
    - These orders cannot obstruct an offender’s right to their place of residence, employment, education or worship or association with close family (defined in the legislation as spouses, parents, grandparents, children, grandchildren, siblings, guardians and carers).
    - These orders cannot exceed 12 months.

Non Custodial Offences – Fact Sheet Part 2

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