Whenever someone has been convicted of a crime, one of the primary questions they will have for their criminal lawyer at Perth Criminal Lawyers, is what punishment they are likely to receive. Obviously, this will depend on a number of factors such as the severity of the crime and their previous criminal record if they have one.
The most commonly known penalties are fines, community orders, and imprisonment, but there are others, and these fall under the category of suspended sentences.
The correct term for them is ‘Suspended Imprisonment Order’, and they basically mean that the offender has been given an imprisonment sentence for their crime, but do not actually have to go to prison. It should be noted that in many Australian states, suspended sentences are not used, however, in Western Australia, they do still exist.
The law is clear when, and when not, it might be appropriate for a suspended sentence to be issued. Should the crime have occurred whilst the offender was already serving a prison sentence, or where they were on parole or other early release order, a suspended sentence cannot be issued.
If the offence would normally mean a prison sentence of fewer than 5 years, or where it is deemed that imprisoning the offender would not be appropriate, a suspended sentence can be considered.