Probation Breaches
Individuals on parole are expected to abide by specific rules set by the parole board or their supervising officer. In Queensland, violating parole conditions can lead to serious ramifications. It is strongly advised to seek the assistance of a criminal defence lawyer if you are facing parole breach charges. Proper representation can assist your rights are upheld and that you receive a fair and just trial.
What is Probation?
Probation is a conditional release that a court may impose as an alternative to a prison sentence, or in addition to it. It involves a community-based order that allows offenders to address their individual needs and offending behaviour through case management and supervision by the Probation and Parole Service (PPS). The duration of probation can range from six months to three years, depending on the decision of the sentencing Magistrate or Judge.
During the probation period, offenders are required to follow certain conditions based on the offender’s individual needs. The PPS provides supervision and support to ensure that offenders comply with the terms of their probation order during this period of time.
Examples of Probation Order Conditions
Probation orders usually contain a set of requirements that offenders must comply with during the period of the order. These requirements may include:
- Not committing any further offences during the period of the order.
- Reporting to a Probation and Parole Service officer at the designated time and location.
- Participating in counselling or other programs as directed.
- Providing the officer with notice of any changes to their address or employment within a specified timeframe.
- Staying in the state or country, unless granted permission to leave.
- Complying with any reasonable directions provided by the officer.
In addition to these standard requirements, a judge or magistrate may impose further conditions under Section 94 of the Penalties and Sentences Act 1992, that are tailored to the offender’s individual needs. These could include:
- Receiving medical, psychiatric, or psychological treatment.
- Fulfilling specific conditions necessary for the offender to behave in a manner that is acceptable to the community.
Probation vs Parole
The terms probation and parole are often used interchangeably but have distinct differences. While both involve community-based supervision, they are not the same thing. Understanding the differences between the two is important as it can impact an offender's sentence and release from incarceration.
As previously mentioned, probation is a sentence that a court may impose on a convicted offender as an alternative to, or in addition to, a term of imprisonment. It allows an offender to remain in the community under the supervision of a probation officer while serving their sentence. Parole, on the other hand, is a form of supervised release that allows an offender who has served a part of their prison sentence to be released into the community - subject to certain conditions.
Both probation and parole serve the purpose of helping offenders to reintegrate into society and to reduce the risk of reoffending. However, they are distinct forms of community supervision that are imposed under different circumstances and for different purposes.
Breaching Probation
The consequences of breaching probation in Queensland can vary depending on the nature and severity of the breach. Generally, if you breach probation, you can be brought back before the court and may face additional penalties or sanctions.
If you breach probation, your probation officer may investigate the matter and may decide to issue a warning or take no action if the breach is minor. However, if the breach is more serious, the probation officer may decide to issue a notice to appear in court or a warrant for your arrest.
If you are brought back before the court, you may be required to explain why you breached your probation conditions. The court will then decide what action to take, which may include extending the probation period, imposing additional conditions, or revoking probation and sentencing you to imprisonment. In some cases, the court may impose fines or community service as a penalty for the breach. The exact consequences of a probation breach in Queensland will be based on the circumstances of the case and the discretion of the judge.
Speak to an Expert Criminal Lawyer
If you are facing probation breach charges, it’s crucial you seek legal advice from an experienced defence lawyer who will fight for you.
David is well respected by his peers for his thorough understanding of criminal law and ability to provide clear, concise legal advice in his practice areas. He is available to appear in all State and Federal courts in Australia, whether Local, Magistrate, District or Supreme and is happy to represent clients Australia-wide.
David is a devoted Criminal Lawyer with ample practical experience in Court. Contact David Cole at (07) 5630 4000. David is also available for representation and counsel throughout Queensland and NSW in the Tweed Heads, Byron Bay, Sunshine Coast, Cairns, Townsville, Mackay, Maryborough, Gladstone and Proserpine regions.
If you have any queries or have been accused of a criminal offence Contact David Cole for expert legal representation & advice.
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)Have you been charged?