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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
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I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
- Client
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
- Client
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
- Client
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
- Client
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
- Client
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
- Client
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
- Client
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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This article was written by Sally Crosswell
Sally Crosswell has a Bachelor of Laws (Hons), a Bachelor of Communication and a Master of International and Community Development. She also completed a Graduate Diploma of Legal Practice at the College of Law. A former journalist, Sally has a keen interest in human rights law.
Probation (ACT)
Probation is a sentencing option commonly used by courts in the Australian Capital Territory for adult offenders.
How do you define probation?
Probation involves supervision of offenders in the community by ACT Corrective Services, combined with rehabilitation programs.
It is considered when an offender is facing prison but would benefit instead from supervised rehabilitation in the community.
In deciding whether probation is appropriate, a court considers the circumstances of the offence and the characteristics of the offender.
Probation reflects a welfare approach to criminal justice, where offending is often the result of social disadvantage, such as a lack of family or economic support.
Why probation?
The rationale for probation is that it:
- promotes rehabilitation by helping an offender to maintain normal social contacts and fulfil social obligations such as employment;
- allows an offender to take part in programs to prevent re-offending, such as restorative justice, drug treatment, anger management, or community service;
- avoids the negative impacts of imprisonment;
- costs less than imprisonment; and
- minimises the impact of a conviction on an offender and their family.
Types of probation orders
The Crimes (Sentencing) Act 2005 provides for several probation orders in the ACT, including a Deferred Sentence Order, Good Behaviour Order, Intensive Correction Order, and Drug and Alcohol Treatment Order.
Deferred Sentence Order
A Deferred Sentence Order can be made for a period of up to a year, and can include conditions such as drug and alcohol testing, and non-association conditions.
To be eligible for a deferred sentence order, a person must:
- have been convicted or found guilty of an offence punishable by imprisonment;
- have not been sentenced;
- not be serving a prison sentence for another offence;
- be able to be released on bail.
The court must consider any pre-sentence report made about the offender and any evidence given by a Corrective Services Officer.
If the order is breached, the offender must reappear before the court. After reviewing the order, the court can:
- take no action;
- warn the offender about the need to comply with conditions;
- amend any conditions;
- cancel the order.
If the order is cancelled, the court must sentence the offender for all offences.
Good Behaviour Order
A Good Behaviour Order requires an offender to be of good behaviour for a specified period, usually between six months and three years. Core conditions of the probation order can include:
- not committing a further offence;
- not providing a positive drug sample;
- not leaving the ACT for more than 24 hours;
- attending court when directed.
Other conditions can include:
- community service;
- a reparation order;
- drug or alcohol rehabilitation.
If the order is breached, the offender must reappear before the court. The court can:
- take no action;
- amend any conditions;
- impose further conditions;
- cancel the order and resentence the offender.
Intensive Correction Order
A court can impose an Intensive Correction Order if it deems imprisonment as the only appropriate penalty, and the prison term is between two and four years. The court must consider:
- the harm caused to the victim and community by the offence;
- whether the offender is a risk to public safety;
- the offender’s culpability for the offence in light of all the circumstances.
This probation order cannot be combined with a sentence of full-time imprisonment, a suspended sentence, or a good behaviour order.
Core conditions of the order can include:
- not committing a further offence;
- not leaving the ACT without permission;
- living at a specified address.
Other conditions can include:
- community service;
- reparation or non-association orders;
- a curfew;
- drug or alcohol rehabilitation.
If the probation order is breached, the offender can be warned and the ICO can be amended, suspended or cancelled. If the order is cancelled, the offender must serve the rest of their sentence in prison.
Drug and Alcohol Treatment Order
The Supreme Court can sentence an offender under the Drug and Alcohol Sentencing List (DASL) when the crime is related to drug or alcohol dependency. The approach is designed to improve the offender’s health and well-being, help their reintegration into the community and reduce their offending. The offender must take part in an intensive treatment program overseen by a judge.
To be eligible for a Drug and Alcohol Treatment Order (DATO), a person must:
- be aged over 18 and live in the ACT;
- have entered or indicated a guilty plea;
- be liable for a jail term of between one and four years;
- be subject to no other sentencing orders;
- be dependent on drugs or alcohol;
- give informed consent to the order being made;
- have not committed a serious violent offence or sexual offence.
A DATO can include conditions such as:
- regular attendance at court;
- urine testing;
- regular appointments with Health and Corrective Services;
- residential rehabilitation;
- counselling;
- work or study.
If a participant commits an offence, does not comply with the conditions of the probation order, or does not want to continue treatment, the order can be cancelled and the person may have to serve the remainder of their sentence in prison.
For advice or representation on probation or any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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