This article will tackle a brief overview of what is probation and answer the most frequently asked questions related to this.
Probation is a chance for people who are guilty of an offence to get their lives back on track. It is a supervised alternative to a prison sentence, and it allows people to stay in the community while they work to rehabilitate and address their offending behaviour.
Moreover, it is a non-custodial sanction that is common in Australian criminal justice system as a sentence for offenders. It involves some supervision and control of offenders in the community. This aims to rehabilitate offenders and prevent them from reoffending. During these periods, offenders need to comply with certain conditions, such as:
- attending counseling or drug treatment programs, and
- reporting to a probation officer.
A criminal probation and parole service officer is responsible for supervising offenders who have been granted probation and ensuring that they comply with the conditions of their sentence.
8 Frequently Asked Questions
1. What Are the Eligibility Criteria for Probation?
The eligibility criteria vary depending on the state or territory, but generally, it is available to offenders who have been convicted of a less serious offence and who are considered to be at low risk of reoffending.
In New South Wales, in order to successfully complete orders, Corrective Services officers monitor offenders in the community. Through collaborations with other organisations and neighbourhood organisations, it supports the effective re-settlement of offenders.
2. What Are the Conditions of Probation?
The conditions can include regular meetings with the officer, participation in rehabilitation programs, community service, and compliance with a curfew or travel restrictions.
3. Can Probation Be Revoked?
Yes, authorities can revoke it if the offender fails to comply with relevant conditions. The officer is responsible for monitoring the offender’s compliance with the conditions and can take enforcement action if they are breached.
If the breach is serious enough, the officer can recommend that the court revoke the probation and impose a more severe sentence, such as imprisonment.
4. How Long Can Probation Go For?
The length of probation for a criminal conviction in Australia varies depending on the state or territory and the severity of the offence:
- The actual length may extend anywhere from months to years, and typical conditions include the requirement that the offender does not commit further offences.
- In Victoria, the duration is generally 12 months, but it may be up to 18 months if the offence is punishable by imprisonment for more than 5 years.
- In Queensland, an offender may be sentenced to probation period of 6 months to 3 years, depending on the sentencing Magistrate or Judge’s decision.
- In New South Wales, a community corrections order has a maximum of three years and can be made with or without a conviction.
5. Is Probation the Same as Parole?
No, they are not the same. Probation is a community-based sentence given to offenders instead of being sent to prison, while parole is the conditional release of a prisoner before the end of their sentence. A probation order allows you to address your offending and individual needs through case management and supervision with the Probation and Parole Service (PPS)
6. What Are the Rights of an Offender During Probation?
The rights of an offender during probation in Australia include:
- The right to receive information about the conditions, and the consequences of breaching them.
- The right to receive fair treatment and not face discrimination on the basis of their race, gender, age, or other protected attributes.
- The right to receive support and guidance from their officer to help them comply with the conditions.
- The right to appeal against any decision made by the officer or the court regarding their probation.
7. What Are the Responsibilities of an Offender During Probation?
The responsibilities of an offender include:
- Compliance with the conditions of their probation.
- Participation in any treatment or counseling programs required of them, such as drug or alcohol rehabilitation.
- Avoiding any further criminal activity or involvement in any illegal activities.
- Informing their officer of any changes to their personal circumstances, such as changes of address or employment.
- Maintaining regular contact with their officer and attending all scheduled appointments.
- Paying any fines or restitution ordered by the court.
8. What Are the Consequences of Violating Probation?
The consequences of can be severe and may include:
- Revocation. The officer may suggest that the court revoke probation if a probationer disobeys the terms.
- Arrest warrant. On revocation, an arrest warrant may be in place for the offender’s arrest.
- Penalties. Courts have zero tolerance for breaches and will impose strict penalties, which vary depending on the severity of the breach.
- Reinstatement. In some cases, the judge may reinstate the offender under the same terms and conditions.
- Additional terms. If a person violates a term of probation, the judge may impose additional terms such as increasing the number of times a person must report to their officer.
Probation is a privilege, not a right. Thus, offenders have a responsibility to comply with all conditions.
Seek Legal Advice with a Criminal Offence Lawyer
A criminal defence lawyer can provide legal representation to the offender in court if they are facing charges for violating their probation. JB Solicitors’ competent lawyers can simplify the legal aspects, and help the offender understand their legal rights and options and can argue on their behalf to minimise the consequences of the violation.
We can also resolve this through negotiation, mitigation, advice, and guidance to an offender under probation. These methods aim to help them comply with all conditions, and avoid further violations.