Division 3 Non-custodial alternatives

8   Community service orders

(1)  Instead of imposing a sentence of imprisonment on an offender, a court may make a community service order directing the offender to perform community service work for a specified number of hours.

(2)  The number of hours specified in a community service order in relation to an offence must not exceed 500, or the number of hours prescribed by the regulations in respect of the class of offences to which the offence belongs, whichever is the lesser.

(3)  This section does not apply to an offender to whom the Children (Community Service Orders) Act 1987 applies.

(4)  This section is subject to the provisions of Part 7.

9   Good behaviour bonds

(1)  Instead of imposing a sentence of imprisonment on an offender, a court may make an order directing the offender to enter into a good behaviour bond for a specified term.

(2)  The term of a good behaviour bond must not exceed 5 years.

(3)  This section is subject to the provisions of Part 8.

10   Dismissal of charges and conditional discharge of offender

(1)  Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

(a)  an order directing that the relevant charge be dismissed,

(b)  an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,

(c)  an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

(2)  An order referred to in subsection (1) (b) may be made if the court is satisfied:

(a)  that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or

(b)  that it is expedient to release the person on a good behaviour bond.

(2A)  An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

(2B)  Subsection (1) (c) is subject to Part 8C.

(3)  In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:

(a)  the person’s character, antecedents, age, health and mental condition,

(b)  the trivial nature of the offence,

(c)  the extenuating circumstances in which the offence was committed,

(d)  any other matter that the court thinks proper to consider.

(4)  An order under this section has the same effect as a conviction:

(a)  for the purposes of any law with respect to the revesting or restoring of stolen property, and

(b)  for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996, and

(c)  for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.

(5)  A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.

10A   Conviction with no other penalty

(1)  A court that convicts an offender may dispose of the proceedings without imposing any other penalty.

(2)  Any such action is taken, for the purposes of the Crimes (Local Courts Appeal and Review) Act 2001 and the Criminal Appeal Act 1912, to be a sentence passed by the court on the conviction of the offender.

Note. The Crimes (Local Courts Appeal and Review) Act 2001 and the Criminal Appeal Act 1912 provide for appeals against sentence, including (in some circumstances) by the prosecutor.

11   Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes

(1)  A court that finds a person guilty of an offence (whether or not it proceeds to conviction) may make an order adjourning proceedings against the offender to a specified date, and granting bail to the offender in accordance with the Bail Act 1978:

(a)  for the purpose of assessing the offender’s capacity and prospects for rehabilitation, or

(b)  for the purpose of allowing the offender to demonstrate that rehabilitation has taken place, or

(b1)  for the purpose of assessing the offender’s capacity and prospects for participation in an intervention program, or

(b2)  for the purpose of allowing the offender to participate in an intervention program, or

(c)  for any other purpose the court considers appropriate in the circumstances.

(2)  The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the finding of guilt.

(2A)  An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

Note. Section 36A of the Bail Act 1978 enables a court to grant bail to a person on either or both of the following conditions:

(a)  that the person enter into an agreement to subject himself or herself to an assessment of the person’s capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation,

(b)  that the person enter into an agreement to:

(i)  participate in an intervention program and to comply with any intervention plan arising out of the program, or

(ii)  participate in any other program for treatment or rehabilitation.

(3)  This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.

(4)  Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.

12   Suspended sentences

(1)  A court that imposes a sentence of imprisonment on an offender (being a sentence for a term of not more than 2 years) may make an order:

(a)  suspending execution of the whole of the sentence for such period (not exceeding the term of the sentence) as the court may specify in the order, and

(b)  directing that the offender be released from custody on condition that the offender enters into a good behaviour bond for a term not exceeding the term of the sentence.

(2)  An order under this section may not be made in relation to a sentence of imprisonment if the offender is subject to some other sentence of imprisonment that is not the subject of such an order.

(3)  Subject to section 99 (1), Part 4 does not apply to a sentence of imprisonment the subject of an order under this section.

(4)  An order under this section may be made after a court has decided not to make a home detention order in relation to the sentence of imprisonment.

13   Community service orders and good behaviour bonds to be alternative penalties only

A court may not, in relation to the same offence, make both a community service order and an order that provides for the offender to enter into a good behaviour bond.