BREACH OF COURT ORDERS
If you have been placed on bail, are serving a community corrections order, are a respondent to an Intervention order or are on a suspended sentence, you will be required to comply with the conditions of those orders. Failure to comply with court orders is considered a breach of court orders and can mean that you will be brought back before the Court that made the original orders, and can lead to significant consequences, including remand in custody and sentences of imprisonment.
The different types of Breaches of Court Orders include:
• Breaches of Bail
• Breaches of Community Corrections Orders
• Breaches of Intervention Orders
• Breaches of Suspended Sentences
BREACHES OF BAIL
If you do not comply with your conditions of bail or you re-offend while on bail, you can be arrested and brought to Court. The court will then decide whether to cancel your bail and remand you in custody until your case is finalised, or they may release you with additional conditions.
Penalties for failing to answer bail, failing to comply with bail conditions or for committing further offences whilst on bail, in some cases can include up to 12 months imprisonment.
We understand that bail conditions can be onerous. To speak to a lawyer about the possibility of varying your bail conditions in order to avoid a breach, contact Ondrik Larsen Lawyers today.
BREACHES OF COMMUNITY CORRECTIONS ORDERS
Community Corrections Orders (CCOs) are imposed by Courts in sentencing either as an alternative to a sentence of imprisonment, or in addition to a sentence of imprisonment. CCOs can include a variety of conditions, these can include: supervision requirements, curfews, treatment conditions and community work to name a few.
Breaching a CCO can have significant consequences which can affect your liberty. Generally, you will be brought back to the court that originally sentenced you, and be re-sentenced on your original charges. Additionally, you may be charged with the offence of breaching the CCO which carries penalties of up to 3 months imprisonment.
There are certain elements that need to be proven in order for you to be found guilty of breaching your CCO, and this is why it is important that you seek advice from an experienced criminal lawyer before deciding whether or not to plead guilty to a breach.
IMPORTANT: If you are finding it difficult to comply with your CCO, you should contact your Corrections Officer and just as importantly, our criminal lawyers, as quickly as possible to obtain advice regarding making an application to vary the order. To speak to a criminal lawyer about the possibility of varying your Community Corrections Order, or to seek advice in relation to a breaching offence, contact Ondrik Larsen Lawyers today.
BREACHES OF INTERVENTION ORDERS
The police can arrest and charge a person who is the respondent of an intervention order for breaching conditions of the order. This means that they will be brought to Court to answer the charges and may be remanded in custody until the case is finally determined.
If charged with breaching an intervention order, the penalties can include conviction and fine, or up to 2 years imprisonment.
If you or someone you know has been arrested and/or charged with breaching an intervention order, contact Ondrik Larsen Lawyers as soon as possible. We can help.
BREACHES OF SUSPENDED SENTENCES
Suspended sentences are no longer available as a form of sentencing, they have been abolished. However, in some circumstances a suspended sentence may still be an option, for example: if your case is being heard in the Magistrates’ Court and the offences you have been charged with were committed prior to 1 September 2014; or if your case is in the County or Supreme Court and relates to offences committed prior to 1 September 2013.
If you are on a suspended sentence which was breached by committing further offences punishable by imprisonment, you may be summonsed to attend court, or have a warrant issued for your arrest to bring you to court. The court may make an order to restore the “suspended” portion of your sentence, either in full or in part (i.e have you serve either your entire sentence or part thereof, in jail) unless you can show exceptional circumstances. It is also possible that the court may extend the suspended sentence for up to 12 months.
If you have breached your suspended sentence, it is important to seek legal advice from our criminal lawyers as quickly as possible. We can start working on your case to examine the appropriate time limits applicable, whether the further offence committed is in fact a breaching offence, and whether exceptional circumstances exist.
VARIATION OF COURT ORDERS
We understand that sometimes, compliance with court orders can be difficult for a variety of reasons. Our lawyers are experienced in making applications to vary certain court orders, including bail conditions, community corrections orders and intervention orders.
To discuss how we can help you vary the conditions of a court order, contact our criminal lawyers today.
If you have been spoken to or charged with a breach of court orders, click here for information on what to do next.