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."
Community-Based Corrections Orders (WA)
The law governing sentencing for criminal offences in Western Australia is the Sentencing Act 1995. Community-based corrections orders are non-custodial orders that can be made under the Sentencing Act. Community-based corrections orders give the court options for supervising offenders while they continue to live in the community.
When a person is placed on a community-based corrections orders they are placed under the supervision of the Department of Corrections and they may be required to undergo treatment or take part in vocational, educational or personal development programs. The offender may also have to perform community service work as a condition of the order. A community corrections officer makes sure that the offender meets all the conditions the court has imposed. If the order includes supervision, then the offender must also report to the officer regularly during the period of the order.
Making a community-based corrections order
When a court is considering making a community-based corrections order, it will usually require a pre-sentence report to be prepared. The matter will usually have to be adjourned to a period while the report is prepared. This will involve staff from the Department of Corrections interviewing the offender and other persons involved to assess the person’s suitability for the order.
A community-based corrections order may be made for any period from six months to two years.
When a community-based order is issued the offender must:
- Report to their community corrections officer within 72 hours of the sentence being delivered;
- Agree to advise their community corrections officer if they change their address or their employment;
- Agree not to leave the State without the permission of the Community Corrections office;
- Comply with the directions of Community Corrections;
- Comply with the terms of the order.
Requirements of a community-based corrections order
There are three requirements that can be imposed on a community-based order in Western Australia. The court must include at least one of these requirements but can include as many as it chooses.
A supervision requirement requires the offender to be supervised so that their progress can be monitored and regular counselling given.
The community corrections officer will decide how often the offender needs to report to Corrections. This may be weekly or several times a week.
A program requirement requires the offender to participate in treatment and assessment for drug or alcohol abuse. There may also be a requirement that the person attend an educational, training, vocational or personal development program. The court can also direct that they live at a specific location so they can attend the relevant program.
Community service requirement
A community service requirement requires the offender to complete a specified number of hours of community work as a condition of the order. The number of hours may between 40 and 120 hours. In each 7 day period of the order, at least 12 hours must be worked.
A community service requirement may involve working with an organisation or the offender may have to join a group which is allocated work on outdoor community projects.
Spent conviction orders
In Western Australia courts have the power to make a spent conviction order at the time that they make a community-based corrections order. This means that once the period of the community-based corrections order has been successfully completed, the offender does not have to reveal the details of the conviction to anyone, except in exceptional circumstances.
Completing a community-based corrections order
If the order is completed and no breaches alleged, the sentence is finalised. If the court decided to make a spent conviction order when the sentence was imposed, then no conviction will be recorded once the sentence is completed. If a spent conviction order was not made, the offender will have a conviction/s recorded against them for the offence/s.
Breach of a community-based corrections order
If the offender is alleged to have breached the order by not complying with its terms or by committing another offence while the order is in place, the community corrections officer will prepare a breach report for the court. The case will then come back before the court. The offender may be re-sentenced for the original offences and may not receive the benefit of another community-based order. The offender will also be dealt with for the new offence.
If you require legal advice or representation in 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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