Home > Legal Information > First Time Offenders > PART 2: Sentencing > What will I have to do if I’m Sentenced to a Community-Based Sentence?

Page updated on: Friday April 23, 2010

What will I have to do if I’m Sentenced to a Community-Based Sentence?

The aim of community-based sentences is to allow a person to make reparation for their crimes and address their offending, while maintaining their normal life and employment.

Community-based sentences are often used by Judges as a warning (i.e. This is the last chance before prison).

Community work requires offenders to do unpaid work in the community. The aim is to pay something back to the community for the offence committed. It may also provide an opportunity to learn new skills and work habits.

A Probation Officer will work with you to determine what sort of community work will be most appropriate given your personal circumstances, skills and the offence you committed.

Judges can order between 40 and 400 hours of community work. The number of hours given will depend on the seriousness of the crime. If you are given 100 hours or less, you will be required to complete the community work within 6 months. If you have more than 100 hours, you must complete at least 100 hours every 6 months.  If any community work is deemed unsatisfactory by a probation officer those hours can be deducted from the total hours completed.  It is a criminal offence to fail to complete your community work and this requirement is very strictly policed.

If you have been sentenced to 80 hours or more community work the court may authorise a probation officer to use up to 20% of the hours to be spent in training in basic work and living skills. This would only happen if you consented to it.

Supervision is a rehabilitative community-based sentence which requires offenders to address the causes of their offending. Offenders can be sentenced to supervision for any period between six months and one year. Standard conditions are given as part of the sentence and the Judge may also impose special conditions to address your particular offending needs.

Standard conditions include reporting to the Community Probation Service, restrictions on living and work arrangements, and restrictions on associating with people. Special conditions include participation in treatment, personal development or rehabilitative programmes (as long as they are not residential in nature) and addressing any other issues which reduce your risk of re-offending such as alcohol or drug counselling. Breaching a supervision order is a criminal offence and carries a maximum penalty of 3 months imprisonment.

Intensive supervision is a new sentencing option for the court.  It is targeted at people convicted of serious offences who are at a higher risk of re-offending.  It can be imposed for a minimum of 6 months and up to 2 years.  The court must be satisfied that intensive supervision would reduce the likelihood of further offending and that you either need it for longer than 1 year or you need a condition that is not available through supervision (such as a residential drug and alcohol programme).

The standard conditions are similar to supervision, but the special conditions can include a wide variety of programmes including residential programmes, and undertaking training in basic work and living skills. Other special conditions are judicial monitoring (coming back to court every now and then to show the Judge you are complying with your sentence) and the condition to take prescriptive medicine (although this can only be imposed with your consent).

More Information:

Department of Corrections