What is a probation order?

An offender can be sentenced to a probation order by a magistrate or judge as an alternative to other sentencing options such as imprisonment.

A probation order is made for a specific period of time during which an offender must attend appointments with a probation officer to discuss the factors that led to their offending behaviour.

The offender is expected to take action to decrease the likelihood of offending in the future.

A probation order can be made for a period of up to three years.

Standard conditions

A probation order is made under Section 37(1) of the Sentencing Act 1997. Standard conditions include that the offender:

• cannot commit an offence punishable by imprisonment
• must report to Community Corrections within one clear working day after being sentenced
• must submit to the supervision of a probation officer as required by that Officer
• must report to a probation officer as required by that probation officer
• must not leave the State without the permission of the probation officer
• must comply with all reasonable and lawful directions given by a probation officer
• must notify the probation officer of a change of address within two working days of the change

Special conditions

There are additional special conditions the magistrate or judge may choose to include when taking into consideration the special circumstances of the individual, including that the offender must:

• attend educational and other programs as directed by the court or probation officer
• undergo assessment and treatment for alcohol and drug dependency as directed by a probation officer
• submit for testing for alcohol or drug use as directed by a probation officer
• submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer

Failure to follow the conditions specified in the probation order is called a breach. The offender would be in breach of their order if they failed to follow any one of the conditions listed above.

Breach of an order is an offence. The offender can be returned to court for further penalties to be imposed.