Penalties for Breaching a Sentence/Order

Introduction

When sentencing the offender on a breach, the court will give consideration to the following:

• sentence/order type
• reason for breach action, i.e. seriousness of non-compliance
• history of non-compliance with current sentence(s), and
• guidance provided by probation officer/senior community work supervisor in oral information, e.g. requesting conviction and discharge.

Maximum penalties

The maximum penalties for breaching a sentence/order are shown in the following table.

Possible results

There are a number of possible results which may arise from breach action. The court may record a conviction against the offender, but not impose any additional sentence.

Examples:

• convict and discharge, or
• convict and discharge with final warning.

The court may record a conviction against the offender, and impose an additional sentence(s). This could be:

• monetary penalty
• community work (CW)
• community detention (CD)
• supervision
• intensive supervision
• HD, or
• imprisonment.

Note: When providing guidance to the court on possible sentencing outcomes resulting from the breach action, the probation officer must take into account the:

• combination of sentences which legislation provides for, and
• the effect of cumulative and concurrent sentences.

Sentencing combinations

The following table shows possible sentencing combinations:

Note: Post-detention conditions, release on conditions, extended supervision and parole are absent from this table as these are all orders imposed/served after and as part of the core sentence.