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PROBATION ORDERS

Updated: Dec 1, 2022

Your Rights, Crime, and the Law.

If you have recently committed a serious offence, the court may impose a probational period as opposed to imprisonment or intensive correction orders.


What Is a Probation Order?


Probation is a community-based order that the courts may use as an alternative to, or along with, a prison sentence (Queensland Government). Probation is a period of supervision for those charged with an offence, managed by the Probation and Parole Service (PPS) in Queensland. A probation order allows the Court to sentence you in a way which will assist with your personal rehabilitation and ensures you have access to treatment for problems such as drug addiction and gambling.


Probation periods could range from six months to three years. The exact length of time for a probation period will be determined on behalf of the court.


Whilst under probation you are required to comply with the listed conditions.


During your probation period, you must:

  • under no circumstances commit another offence;

  • report to the PPS officer when requested to do so;

  • partake in external services, community organisations or counselling (if required);

  • receive permission before leaving the state;

  • inform correctional officers when changing addresses or employment.

There may be other additional requirements within your probation period.


What Other Conditions May be Implemented?


The court may impose further conditions, which they believe are necessary to assist in your rehabilitation including, attending counselling sessions, undergoing drug or alcohol tests, or submitting to medical treatment.

If you do not follow the conditions of the probation order you may be subject to further consequences, which will be decided before the court.


Breaching Probation


If you breach your probation order you may receive fines, a recorded conviction, withdrawal of probation, or be re-sentenced to your original sentence.


Be aware: Re-sentencing could leave you with higher penalties than those originally imposed.


If you have breached your probation order, please seek immediate assistance from a credible Criminal Lawyer in Brisbane, Roma, Toowoomba or Townville in Queensland. Contact our 24/7 CRIME HOTLINE on 1800 2745 3529


Who Is Most Likely to Receive Probation?


You may be considered for a probation order if you:

  • have a limited criminal history;

  • are not subject to a suspended sentence;

  • show a capacity to address your offending behaviour;

  • if you are overcoming a drug addiction, or gambling problem and are likely to benefit from structured supervision and guidance;

  • demonstrate a willingness to accept the conditions of the order.

You may be eligible for a probation order if the court believes that the supervision will assist you in improving your recognized needs in a structured and supportive environment (i.e. addiction, mental health concerns, financial ailments, etc.)


It is All About Consent


A probation order will not be imposed if you do not consent to the conditions, or the time specified.

If you do not consent you will be sentenced with alternative options, which could lead to more severe punishment.


Legal Representation in Brisbane, Roma, Toowoomba and Townsville Queensland

If you have been charged with an offence and believe you may be suitable for a probational period or wish to discuss your options, it is vital that you receive accurate legal advice as soon as possible.


Contact Creevey Horrell Lawyers, today. Call us on 07 3009 6555 or email us at creeveyhorrell@crlawyers.com.au OR for immediate assistance please call our dedicated 24/7 crime hotline: 1800 2745 3529


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