What to Know About Imprisonment Sentences in the ACT

In ACT criminal law, having a sentence of imprisonment can actually mean three different things. The first entails staying in a correctional centre full-time, which is what most people consider imprisonment based on the news and in popular culture.

In the second, an offender can have their sentence suspended upon agreeing to a Good Behaviour Order. This requires them to abide by the conditions of the Order in exchange for living in the community with their sentence suspended. If they breach the terms, however, they may have to serve their sentence in jail.



The third outcome is receiving an Intensive Correction Order, which is a rigorous set of conditions imposed upon an offender who remains in the community, such as the imposition of curfews, completion of community service, and passing mandatory drug and alcohol tests. Compliance with psychiatric or medical treatments might also be part of an ICO.

It is also possible for ACT Courts to impose combination sentences. With this type of a decision, the first part may be served at a correctional facility. Then, the offender may have the remainder of their sentence suspended upon entering a good behaviour order. Depending on the case, an offender might get a driver licence disqualification, reparation, place-restriction, or any of several other types of orders on top of a sentence of imprisonment.

According to Section 10 of the Crimes (Sentencing) Act 2005, sentencing an individual to full-time imprisonment is the last resort. It states that:



“the court may, by order, sentence the offender to imprisonment, for all or part of the term of the sentence, if the court is satisfied, having considered possible alternatives, that no other penalty is appropriate.”

The Court must also indicate its reasons for sentencing a person to imprisonment. However, the the lack of explanation will not, of itself, be a reason for invalidating the sentence.

A person sentenced to imprisonment means that the Court has found them guilty and convicted them of the offence and faces the maximum available penalty for their crime.

Some sentences also have a non-parole period or the minimum amount the offender must spend in full-time custody before being released on parole. Often, parole comes with conditions similar to the ones in a good behaviour order; speaking with a criminal lawyer will help clarify these.



Furthermore, Section 65 of the Crimes (Sentencing) Act states that if the Court sentences the offender to more than one year of imprisonment, it must also set a non-parole period and specify its start and end. Courts may also backdate sentences to account for time spent in remand.

If the Court deems it inappropriate to set a non-parole period given the nature of the offence and the offender’s record, it may decline to indicate one even if the term exceeds one year. Offenders serving a sentence of life imprisonment are similarly exempt from non-parole periods. 

Furthermore, Section 66 of the Crimes (Sentencing) Act provides that if an offender is already serving a primary sentence of imprisonment, a new conviction and period of imprisonment means the non-parole period for the preceding sentence may be cancelled.

A criminal lawyer’s duty to his client does not end with sentencing. There are intricacies in the laws regarding serving a sentence and applying for parole, and there are various ways a person might reduce their time served in prison. It is best to speak with a lawyer to explore and clarify these nuances.

For deliberately different legal representation, consult Andrew Byrnes Law Group. We are Canberra criminal lawyers dedicated to helping our clients achieve the best outcome for their circumstances.

If you have a criminal matter in Canberra, Queanbeyan, Goulburn, Yass, Wollongong or surrounds, get in touch with us today to find out how we can fight for you. It won’t cost you a cent to contact us, so please feel free to do so today.