Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision D - Discharge without conviction, conditional release and sentencing alternatives  

SECTION 20   Conditional release of offenders after conviction  

20(1)    
Where a person is convicted of a federal offence or federal offences, the court before which he or she is convicted may, if it thinks fit:

(a) by order, release the person, without passing sentence on him, upon his or her giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the court, that he or she will comply with the following conditions:

(i) that he or she will be of good behaviour for such period, not exceeding 5 years, as the court specifies in the order;

(ii) that he or she will make such reparation or restitution, or pay such compensation, in respect of the offence or offences (if any), or pay such costs in respect of his or her prosecution for the offence or offences (if any), as the court specifies in the order (being reparation, restitution, compensation or costs that the court is empowered to require the person to make or pay):

(A) on or before a date specified in the order; or

(B) in the case of reparation or restitution by way of money payment or in the case of the payment of compensation or an amount of costs - by specified instalments as provided in the order;

(iii) that he or she will pay to the Commonwealth such pecuniary penalty (if any) as the court specifies in the order (being a penalty not exceeding the maximum amount of the penalty that, in accordance with subsection (5), the court may specify in respect of the offence or offences) on or before a date specified in the order or by specified instalments as provided in the order;

(iv) that he or she will, during a period, not exceeding 2 years, that is specified in the order, comply with such other conditions (if any) as the court thinks fit to specify in the order; or

Example:

A condition under subparagraph (iv) could be that the person will undertake a specified counselling, education or treatment program during a specified part of, or throughout, the specified period.

(b) sentence the person to imprisonment in respect of the offence or each offence but direct, by order, that the person be released, upon giving security of the kind referred to in paragraph (a):

(i) if none of the offences is a Commonwealth child sex offence - either immediately or after the person has served a specified period of imprisonment that is calculated in accordance with subsection 19AF(1) ; or

(ii) if at least one of the offences is a Commonwealth child sex offence and the court is not satisfied that there are exceptional circumstances - after the person has served a specified period of imprisonment that is calculated in accordance with subsection 19AF(1) ; or

(iii) if at least one of the offences is a Commonwealth child sex offence and the court is satisfied that there are exceptional circumstances - immediately.

(1A)    

Subject to subsection (1B), if the court specifies under paragraph (1)(a) or (b), as mentioned in subparagraph (1)(a)(iv), the condition that the person will, during the specified period:

(a) be subject to the supervision of a probation officer appointed in accordance with the order; and

(b) obey all reasonable directions of the probation officer;

the court must also specify the condition that the person will not travel interstate or overseas without the written permission of the probation officer.

(1B)    
If at least one of the offences the person is convicted of is a Commonwealth child sex offence, the court must specify under paragraph (1)(b), as mentioned in subparagraph (1)(a)(iv), the conditions that the person will, during the specified period:

(a) be subject to the supervision of a probation officer appointed in accordance with the order; and

(b) obey all reasonable directions of the probation officer; and

(c) not travel interstate or overseas without the written permission of the probation officer; and

(d) undertake such treatment or rehabilitation programs that the probation officer reasonably directs.

(2)    
Where a court proposes to release a person by order made under paragraph (1)(a), it shall, before making the order, explain or cause to be explained to the person, in language likely to be readily understood by him:

(a) the purpose and effect of the proposed order;

(b) the consequences that may follow if he or she fails, without reasonable cause or excuse, to comply with the conditions of the proposed order; and

(c) that any recognizance given in accordance with the order may be discharged or varied under section 20AA .

(2A)    
A person is not to be imprisoned for a failure, under an order made under subsection (1), to pay an amount by way of reparation, restitution or compensation or an amount in respect of costs.

(3)    
Where a person is released in pursuance of an order made under subsection (1) without sentence being passed on him, there shall be such rights of appeal in respect of the manner in which the person is dealt with for the offence or each offence in respect of which the order is made as there would have been if the manner in which he or she is dealt with had been a sentence passed upon his or her conviction for that offence.

(4)    
Where an order is made under subsection (1) in respect of a person, the court shall, as soon as practicable, cause the order to be reduced to writing and a copy of the order to be given to, or served on, the person.

(5)    
The maximum amount of the penalty that a court may specify in respect of the offence or each offence in an order made under subsection (1) in relation to a person is:

(a) where the offence is punishable by a fine - the amount of the maximum fine that the court is empowered to impose on the person for the offence; or

(b) where the offence is not punishable by a fine:

(i) if the court is not a court of summary jurisdiction - 300 penalty units; or

(ii) if the court is a court of summary jurisdiction - 60 penalty units.

(6)    

Paragraph (1)(b) does not apply in relation to a minimum non-parole offence mentioned in section 19AG , or offences that include one or more such minimum non-parole offences. This subsection has effect despite subsection (1) and sections 19AC and 19AE (which permit or require a court to make a recognizance release order in certain circumstances).

Note:

If the court sentences the person to imprisonment for a minimum non-parole offence, it must fix a non-parole period under section 19AG .