Sentencing Options & Good Behaviour Orders

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Sentencing in the ACT is governed by a structured statutory framework. The court has a wide range of options, from a non-conviction order under section 17 of the Crimes (Sentencing) Act 2005 (ACT), to full-time imprisonment in the most serious cases. Andrew Byrnes Law Group prepares pleas in mitigation in the ACT Magistrates Court and ACT Supreme Court to secure the best available outcome. Deliberately Different.

Sentencing under ACT law

The principal statute is the Crimes (Sentencing) Act 2005 (ACT). The Act sets out the purposes of sentencing — punishment, deterrence, denunciation, rehabilitation, community protection, and recognition of harm — and the principles the court must apply.

Sentencing options from least to most severe

• Section 17 non-conviction order — the offence is proved but no conviction is recorded
• Good behaviour order — with or without a conviction, with conditions including community work, supervision, programs
• Fine — financial penalty calculated in penalty units
• Reparation — restitution or compensation to victims
• Drug and Alcohol Treatment Order — through the Drug and Alcohol Sentencing List
• Intensive Correction Order (ICO) — imprisonment served in the community under strict conditions
• Suspended sentence — imprisonment imposed but its execution suspended on conditions
• Full-time imprisonment — at the Alexander Maconochie Centre

Section 17 non-conviction orders

Section 17 of the Crimes (Sentencing) Act 2005 (ACT) gives the court discretion to find an offence proved but record no conviction. The court considers the accused's character, antecedents, age, health, mental condition, the trivial nature of the offence, or extenuating circumstances. A section 17 order does not create a criminal record on a National Police Certificate, which can be decisive for employment, security clearances and travel.

Facing sentence in Canberra? Call (02) 6210 1075 for an ABLG plea in mitigation.

Good behaviour orders

A good behaviour order is an undertaking to be of good behaviour for a period — typically 12 months to 3 years. The order may include conditions such as supervision by ACT Corrective Services, community service, attendance at programs, abstaining from alcohol or drugs, and restitution. Breach can result in resentencing for the original offence.

Intensive Correction Orders

An ICO is imprisonment served in the community. The accused must comply with strict conditions including supervision, drug and alcohol testing, curfew, community work, electronic monitoring, and program participation. Breach of an ICO can result in revocation and full-time custody.

Plea in mitigation — what works

• Insight and remorse — genuine acknowledgement of wrongdoing
• Character references — from employers, community figures, family
• Rehabilitation evidence — counselling, treatment, completed programs
• Personal circumstances — health, family responsibilities, employment
• Reparation — restitution paid, apology delivered
• Mental health and forensic reports where relevant
• Restorative justice participation where applicable

Call (02) 6210 1075 to discuss your sentence with an ABLG criminal defence solicitor.

Mental health and sentencing

Mental health considerations are addressed under the Crimes (Sentencing) Act 2005 (ACT) and the principles drawn from R v Verdins and ACT-specific authority. ABLG obtains forensic psychiatric and psychological reports to support reduced moral culpability, modified deterrence considerations, and tailored sentencing options.

Spent convictions

A recorded conviction may become spent under the Spent Convictions Act 2000 (ACT) after a crime-free period. Spent convictions are not disclosable on most police checks. ABLG advises on the spent convictions regime and applications where relevant.

The Drug and Alcohol Sentencing List

For accused with significant substance dependence underlying the offending, the ACT Drug and Alcohol Sentencing List offers a structured sentencing pathway with intensive judicial supervision, treatment engagement and regular review. Successful participation can substantially reduce sentence severity and produce durable outcomes. ABLG identifies suitable matters and coordinates the treatment evidence required for entry.

Reparation, restitution and victim impact

Reparation under the Crimes (Sentencing) Act 2005 (ACT) can be a powerful sentencing mitigator. Where the accused has the means to make restitution or pay compensation before sentence, the court is regularly receptive to a moderated outcome. ABLG coordinates restitution evidence and any victim impact statement response.

Related criminal defence services

• Spent convictions
• Restorative justice
• Criminal appeals
• Bail applications
• Youth criminal defence
• APS misconduct and clearances

Frequently asked questions

What is a section 17 order in the ACT?

An order under the Crimes (Sentencing) Act 2005 (ACT) where the offence is proved but no conviction is recorded.

Will I have a criminal record after a good behaviour order?

Depends. A good behaviour order can be made with or without a conviction. With conviction, a record is created.

What is an Intensive Correction Order?

Imprisonment served in the community under strict conditions including supervision, programs and possible electronic monitoring.

Can I appeal a sentence in the ACT?

Yes. Sentence appeals lie to the ACT Supreme Court and ACT Court of Appeal depending on the originating court.

How long does a conviction stay on my record?

A conviction may become spent under the Spent Convictions Act 2000 (ACT) after a defined crime-free period. ABLG can advise on eligibility.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.