Breach Of A Suspended Imprisonment Order: Suspended terms of imprisonment are often imposed because the court considers that the community interests are likely to be better served in the long run by giving the offender the opportunity to serve their sentence in the community while maintaining employment and maintaining a relationship with their family rather than imposing immediate imprisonment and run the risk of undoing the efforts that the offender may have already made to rehabilitate. Why Do Courts Impose Suspended Sentences? For example, the court may impose 12 months imprisonment and order it to be wholly suspended for a period of 18 months. When a term of imprisonment is put in place the term of the imprisonment is announced followed by the length of the period in which the suspension is to operate. The aim of a suspended sentence is to strike a balance between undermining the seriousness of the offending and allowing the offender to rehabilitate by not sending them to prison. It can be breached by failing to comply with the conditions imposed or alternatively by way of reoffending during the course of the order.Įither way will see the offender being brought back to the court to be resentenced for the offence or offences for which the community or intensive supervision order was imposed.Ī suspended imprisonment order is a term of imprisonment which is served in the community. Breach Of A Community Based Or Intensive Supervision OrderĪ community based or intensive supervision order may be breached in either of two ways. In achieving punitive measures under a community or intensive based order the court may also attach conditions for the offender to complete unpaid work in the community. They can ensure that group counselling or one on one counselling takes place and any other form of therapy that is deemed appropriate in order for the offender to address any issues which previously acted as a precursor and catalyst to the offending. Community Corrections can send the offender off to any qualified person: a doctor, a psychologist, a psychiatrist, or a counsellor. Sometimes it might require the offender to be subject to urinalysis tests.
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The supervision requirement of the order involves a series of appointments with the Department of Community Corrections.Ĭommunity Corrections are assigned by the court to keep in touch with the offender and to speak to them about what’s going on in their life during the course of the order. In achieving the rehabilitative aims under a community or intensive supervision based order the court will generally impose program and supervision requirements to which the offender is to comply.Ī conviction is recorded against anyone placed under an Intense Supervision Order in WA. Community-Based And Intensive Supervision Orders What is an intensive supervision order in Wesertn Australia?Ī community based or intensive supervision order is a mid-level penalty designed to impose both punitive and rehabilitative measures on the offender. In between, there are various orders that the court may decide to put in place.įor sentencing advice in relation to your specific matter, contact Andrew Williams today on (08) 9278 2575. This means that the conviction will not be recorded against your name.
However, under the Sentencing Act WA, a sentence of immediate imprisonment is a sentence of last resort and must not be imposed unless it is justified by the seriousness of the offence or the need to protect the community requires it.Īt the other end of the scale, there is a financial penalty, which, if certain criteria are met, can sometimes be accompanied by a spent conviction order. Obviously, the most undesirable outcome for anyone being sentenced is a term of immediate imprisonment.
Conditional Suspended Imprisonment Order.The following are the penalties that a sentencing court can impose in WA courts: That involves a decision by the court on what penalty to put in place.
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Whether you are convicted of an offence by way of your own plea of guilty or you are found guilty following a trial the court then proceeds to sentence.
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