What happens if you breach your suspended sentence?

What happens if you breach your suspended sentence?

If a person fails to comply with the requirements of their suspended sentence the court will usually have to activate the original custodial sentence and send the offender to prison. The court will take into account how far the offender has complied with the requirements.

What is a suspended sentence act?

This means that the person does not have to serve their prison sentence unless they commit a further offence or otherwise breach the terms of the suspended sentence. A suspended sentence can include a range of conditions.

What does a 18 month suspended sentence mean?

A suspended prison sentence is the term given to a prison sentence imposed by the court, and then suspended (ie ‘delayed’). The court may decide to delay the prison sentence to allow the defendant a period of probation, or to undertake treatment for an addiction, or to meets conditions in the community.

What is the maximum time a sentence can be suspended for?

The sentence of imprisonment can be suspended for a period from six months up to two years. This is called the ‘operational period’.

Is a suspended sentence an unspent conviction?

After a certain period of time has passed, a suspended sentence becomes ‘spent’. If a conviction is spent, it may not appear on your criminal record (depending on the level of disclosure requested, as mentioned above) and for all practical intents and purposes, the sentence can basically be ‘ignored’.

What happens if you breach a 12 month suspended sentence?

In other words, if you breach your suspended sentence on the 364th day of a 12 month Suspended Sentence, and the court re-sentences you to full time jail, it will be for a period of 12 months.

How does a suspended sentence work in Queensland?

How do suspended sentences work? Suspended sentences are governed by Part 8 of the Penalties and Sentencing Act (Qld). A term of imprisonment may be suspended when the term is five years or less in duration. It may be partly suspended so that the offender serves part of the term in prison but is then conditionally released.

Can a person be sent to prison for a suspended sentence?

If the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed. A suspended sentence may be accompanied by a fine, but the court cannot impose a community sentence at the same time as suspending a prison sentence.

Why are suspended sentences better for the community?

Suspended sentences are also better for offenders’ mental health. Suspended sentences reduce the prison population and the strain incarceration places on the public purse as the offender must provide for themselves during the operational period. Offenders sentenced to actual jail often have problems reintegrating into the community.