Breaches of Probation

If you have been convicted of a crime you may receive a Probation Order as part of your sentence, which is a set of conditions that you must comply with for the stated duration – which in some cases can be up to 2 years. A probation order may be used in lieu of a prison sentence or can be used in combination with a prison sentence depending on the crime.

It is common for a probation order to have the requirement for you to keep the peace, be of good behaviour, report any changes to your address or occupation and to also appear in court when necessary.

Some probation orders will have extra conditions such as:

  • Good behaviour and keeping the peace
  • Reporting changes to your residential, employment or family status
  • Reporting to a probation officer
  • Not consuming drugs or alcohol
  • Attending rehabilitation or therapy
  • Completing community service
  • And others deemed appropriate to the case

If you violate any terms of your probation, you can be charged with Breach of Probation which may result in further sentencing.

Community Service Order

A community service order requires an offender to perform unpaid community service to repay the community for their actions. A court cannot force you to do community service, the offender needs to be willing to agree and engage in community service and the conditions that apply.

For a Community Service Order to be imposed the Court will consider :

  1. Is the offender a suitable person to perform community service?
  2. Is Community Service available in the area where the person lives or readily accessible?
  3. Does the offender agree to comply with the community service order>

A range of conditions also apply similar to the Probation conditions listed above.

If a community service order is breached, the order can be revoked, and that person will be brought to court for further punishment. If you are sentenced to Community Service a conviction may or may not be recorded depending on the discretion of the Court.

If you are charged and have to go to Court, it is critical to seek the advice of a Specialist Criminal Lawyer. Howden Saggers Lawyers specialise in Breaches of Probation and Community Service Orders and we have been assisting people on the Gold Coast and Brisbane since 2002.  

It is important to seek advice as soon as you possibly can.

We can tell you what your options are and advise you of the best course of action.  

We are on your side.