ABORIGINAL LEGAL AID FACT SHEET SUSPENDED SENTENCES What does it mean? There are two types: This means the Court lets you out of jail if you promise to be good and stay out of trouble AND do what the Court tells you to do: (1) Partially suspended • If you keep all the promises you do not have to go to jail • If you break any of the promises you will have to go to jail for the rest of your sentence You are not completely free. You are only free if you keep your promises to the Court. You must serve some time in prison. The rest of your prison term has been “suspended” or “put on hold” only if you stay out of trouble and keep all your promises to the Court. (2) Wholly or fully suspended You don’t have to go to prison. Your full prison term has been suspended only if you stay out of trouble and keep all your promises to the Court. What are my promises? IF YOU STAY OUT OF TROUBLE, YOU WILL STAY OUT OF JAIL! Your promises are conditions of your suspended sentence. They might include: What if I break my promise to the Court? • that you complete a drug and alcohol rehabilitation course If you get in more trouble or don’t stick to your conditions, you will go back to Court and will probably be sent to jail. • that you call Corrections when you leave your home • that you do not drink grog • that you do not live at a certain address If you think you might break your conditions (Eg, to attend to sorry business) call: Corrections on Freecall 1800 030 334 or CAALAS on Freecall 1800 636 079 The Court might: 1. Extend the operational period of your sentence, meaning you have to be good for longer; 2. Remove the suspension and order that you serve your full jail sentence; or 3. Remove part of the suspension and order you serve some time in jail. Example: A young fella is sentenced to 4 months jail but it is fully suspended for an “operational period” of 12 months. He is told that he cannot drink grog and must sit down where Corrections mob tell him to and not get into any trouble for 12 months (the operational period). If he keeps these promises, he is free after 12 months is finished. If he breaks any promise, the police can arrest him and he will have to go back to Court and then may be sent to jail for 4 months. IF YOU DON’T UNDERSTAND OR YOU NEED TO CHANGE YOUR CONDITIONS CALL A CAALAS LAWYER ON 1800 636 079 STRAIGHT AWAY! For questions and further information, contact CAALAS: Freecall: 1800 636 079 (NT landline only) / During hours: (08) 8950 9300 Drop in: 55 Bath St Alice Springs or 68 Patterson St Tennant Creek or Court Visit: www.caalas.com.au Disclaimer: This content is current as at 23 February 2010. It is provided as an information source only and is not legal advice. If you have a legal problem, you should call CAALAS and speak to a lawyer.
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