Canberra · How the ACT courts work
Sentencing options in the ACT.
If a person pleads guilty or is found guilty, the court chooses a sentence from a ladder of options. In the ACT that ladder runs from a non-conviction order to full-time imprisonment, which is a last resort.
- Governing ActCrimes (Sentencing) Act 2005Australian Capital Territory
- PrisonLast resortOnly if nothing else fits
- In the communityIntensive correction orderImprisonment served in the community
- No convictionSection 17Available in the right case
The sentencing ladder.
Sentencing in the ACT is governed by the Crimes (Sentencing) Act 2005 (ACT). The court has a range of options, from the least to the most severe, and it must impose the least severe sentence that meets the purposes of sentencing on the facts. Full-time imprisonment is available only where the court is satisfied, having considered the alternatives, that no other penalty is appropriate.
Non-conviction orders.
Where a person is found guilty, the court can, in the right case, deal with the matter without recording a conviction. Under s 17 of the Act, the court can dismiss the charge or make a good behaviour order without a conviction, for up to three years. The court weighs the person's character, age, health and mental condition, the seriousness of the offence, and any extenuating circumstances. A non-conviction outcome can protect employment, travel and a security clearance, which matters a great deal in Canberra.
Good behaviour orders, fines and reparation.
A good behaviour order is an undertaking to comply with conditions for a set period, which can include probation, community service, a rehabilitation program or supervision. A fine is a monetary penalty. A reparation order can require compensation for loss or the return of property. These options can be combined.
Intensive correction orders and treatment orders.
An intensive correction order is a sentence of imprisonment served in the community under supervision, with conditions such as community service, a curfew or a rehabilitation program. It is available where the head sentence is not more than two years, and, on a discretionary basis weighing harm, risk and culpability, where it is more than two but not more than four years. A drug and alcohol treatment order is a custodial sentence with a treatment and supervision regime, administered through the Drug and Alcohol Court, for people whose offending is driven by dependence.
Imprisonment.
Full-time imprisonment is the most severe option and a last resort. The court sets a head sentence and, where relevant, a non-parole period, the minimum to be served before parole can be considered. A sentence of imprisonment can be suspended, combined with a good behaviour order. The subjective case, the plea, and rehabilitation prospects all bear on where a sentence lands.
Frequently asked.
What are the sentencing options in the ACT?
Under the Crimes (Sentencing) Act 2005 (ACT) they run from a non-conviction order, through good behaviour orders, fines and reparation, to intensive correction orders and drug and alcohol treatment orders, up to full-time imprisonment, which is a last resort.
Can I be found guilty without a conviction being recorded?
Yes, in the right case. Under s 17 of the Crimes (Sentencing) Act 2005 (ACT) the court can dismiss the charge or make a good behaviour order without recording a conviction, weighing the person's circumstances and the seriousness of the offence.
What is an intensive correction order?
A sentence of imprisonment served in the community under supervision, with conditions. It is available for head sentences up to two years as of right on eligibility, and up to four years on a discretionary basis.
Is prison always the outcome for a serious offence?
No. Imprisonment is a last resort, imposed only where no other penalty is appropriate. Even for serious matters, the plea, the subjective case and rehabilitation prospects shape the sentence, and alternatives to full-time custody are considered.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019