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.
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.
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!!!
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.
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.
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.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
How To Define Probation (NSW)
Probation is a sentencing option commonly used by courts in NSW for both adult and child offenders. Probation involves supervision of offenders in the community by 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. To define probation, this article looks at its aims and implementation.
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.
Legislation to define probation
To define probation when sentencing adults, the Crimes (Sentencing Procedure) Act 1999 applies.
The Children’s Court can impose an order for probation on a juvenile offender (someone aged under 18) under Section 33 of the Children (Criminal Proceedings Act) 1987. The conditions of probation can be in place for up to two years, during which time the offender is supervised by Youth Justice NSW.
During sentencing, a judge can request a pre-sentence report be prepared, which is to include an assessment of the offender’s suitability for probation. This report evaluates the likelihood of reoffending and includes a risk assessment which considers the offender’s criminal history, education, employment, financial background, family history and health.
Once an order is imposed, an offender is assigned a community corrections officer to help them set goals and learn skills for law-abiding lifestyle, and to monitor their progress. The case plan is formed based on the type of offence, why it occurred and the risk of recurrence, and it establishes the level of contact required with the probation officer in line with minimum reporting standards.
Types of probation orders
Section 4A of the Crimes (Sentencing Procedure) Act 1999 states a “supervised order” for adults can be one of three types: Conditional Release Order, Community Corrections Order or Intensive Correction Order. Each of these orders has standard conditions that the offender must not commit any offence and must appear in court if summoned.
Courts have a wide discretion to attach other conditions to an order. Common conditions include:
- supervision for a fixed term;
- rehabilitation for substance abuse;
- payment of compensation to a victim;
- restrictions on contacts and movement.
An offender can be subject to more than one order at the same time.
A community corrections officer has the power to suspend certain conditions, such as a non-association or place restriction condition, if they deem it appropriate.
Conditional Release Order
Under Section 9 of the Act, if a court finds a person guilty of an offence, instead of imposing a jail sentence or fine, it can make a Conditional Release Order. This order has a maximum of two years and can be made with or without a conviction. No fine or community service can be imposed.
In deciding whether an order is suitable, the court must consider:
- the person’s character, antecedents, age, health and mental condition;
- whether the offence is trivial;
- the extenuating circumstances of the offence;
- any other matter the court thinks proper.
Community Corrections Order
Under Section 8(1) of the Act, if a court convicts a person of an offence, instead of imposing a jail sentence, it can make a Community Corrections Order.
The maximum term for this order is three years. A fine and community service can also be imposed.
Intensive Corrections Order
Under Section 7(1) of the Act, if the court sentences a person to jail on one or more offences, it can make an Intensive Corrections Order.
The term is the same as the term of imprisonment but an order cannot be made for a single offence if the jail term imposed exceeds two years, or three years for aggregate offences. The court must not set a non-parole period.
A fine, community service and home detention can also be imposed.
Community safety must be the “paramount consideration” in deciding on this type of order. The court must consider any assessment report made about the offender and evidence from a community corrections officer.
If an offender complies with an order, they can expect no further sentence to be imposed when the order expires. If a condition is breached, a court can order the offender to appear, then:
- take no action;
- modify conditions;
- revoke the order and resentence the offender.
For advice on any legal matter, please contact Armstrong Legal.
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.
WHY CHOOSE ARMSTRONG LEGAL?
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