Probation Orders & Breaches
Why Clients Choose Brooke Winter Solicitors as Their Breach of Probation Defence Lawyer
If you’ve been charged with breaching probation, you need a lawyer who truly understands how the prosecution works.
Our principal lawyer, Brooke Winter, is a former police prosecutor with over 20 years of courtroom experience.
This insight gives you a genuine advantage in court because we can:
- Anticipate prosecution strategies and prepare stronger, more targeted responses.
- Spot weaknesses in the evidence early, preventing them from becoming problems in court.
- Negotiate directly with prosecutors to help reduce penalties or resolve matters faster and more fairly.
- Guide you through every step calmly and clearly, so you always know what’s happening and why.
This approach helps us protect your rights, limit the impact on your record, and work toward the best possible result.
You don’t have to face this alone. The sooner you get advice, the more we can do to help.
Contact our team today for experienced, practical advice and strong legal representation.
What is a probation order?
A probation order is a sentence handed down by the court that allows you to remain in the community under specific conditions instead of serving time in prison.
It’s designed to help you stay out of custody while being supervised and supported to avoid further offending.
A probation order usually lasts between 6 months and 2 years, and during this time you must follow the conditions set by the court.
These conditions might include attending counselling, completing community service, reporting to a probation officer, or staying away from certain people or places.
If you don’t follow these conditions, you could be charged with a breach of probation, which may lead to further penalties or even a return to court for resentencing.
What happens if you breach probation?
A breach of probation occurs when a person under a court-ordered probation fails to meet one or more required conditions, such as reporting to a probation officer, completing community service, or attending counselling sessions.
In Australia, a breach of probation is treated as a criminal offence in all states and territories. When a breach is reported, the probation officer files a formal notice, and you are required to appear before the Magistrates Court. The magistrate reviews the report and decides the penalty based on how serious the breach is and your prior record.
If the court finds that the breach occurred, it can:
- Revoke the probation order and resentence you for the original offence.
- Extend or change the order, adding new or stricter conditions.
- Impose a new penalty, such as a fine, community service, or even imprisonment.
Because the consequences are serious, it’s vital to get legal advice as soon as possible. Our experienced criminal defence lawyers can review your situation, explain your options, and help minimise the impact on your record and future. Contact us today for a free consultation on your case.
Do you go to prison if you breach probation?
Breaching probation can lead to imprisonment, but it depends on the seriousness of the breach, your criminal history, and how the court views your overall compliance.
Probation is granted as an alternative to custody, so when the court believes you have broken that trust, it can choose to revoke the order and impose a prison sentence instead.
When a breach is proven, the magistrate or judge has several options, including:
- Allowing the probation to continue if the breach was minor or due to a reasonable excuse.
- Varying the conditions to add stricter supervision, community service, or mandatory counselling.
- Revoking the order and resentencing you for the original offence, which may include imprisonment.
Courts generally reserve prison for serious or repeated violations, such as committing another offence or refusing to comply with key conditions like reporting to your probation officer or completing treatment programs.
For example, someone who misses one appointment due to illness is treated very differently from someone who repeatedly ignores court directions.
If you’ve been accused of violating probation, you won’t automatically go to prison, but the risk increases the longer the issue remains unresolved.
Seeking legal advice early gives you the best chance to explain what happened, present evidence of compliance, and work toward a fair outcome without further penalties.
What happens if you commit a crime while on probation?
Committing a new offence while on probation is considered a serious breach of court order in every Australian state and territory. It tells the court that you have re-offended during a period meant to support rehabilitation and community supervision.
When this happens, two separate legal matters are dealt with:
- You face sentencing for the new criminal charge.
- The court reviews your original probation order to decide whether it should be revoked, varied, or replaced with a stricter penalty.
If the magistrate or judge finds that probation has been breached, they can:
- Cancel your probation and re-sentence you for the earlier offence.
- Impose tougher conditions, such as more frequent reporting, curfews, or mandatory programs.
- Sentence you to imprisonment, especially if the new offence is serious or you have a history of non-compliance.
Courts across Australia treat this situation seriously because probation is a chance to remain in the community under trust.
Re-offending during that time suggests the conditions are no longer effective, and the court may respond firmly to protect the public and reinforce accountability.
Reporting To A Probation Officer
You may be required to report to a probation officer or be supervised by a probation officer (usually during community service/counselling).
If you violate this term of your probation, your probation officer can charge you with a “Breach of Probation” which could result in further entries on your criminal record and a more extreme sentence on any future charges.
Breaches of Probation
A breach offence occurs when:
- You have committed another offence during your probationary period; or
- You have failed to comply with or complete a community-based order such as community service or an intensive corrections order.
Courts have zero tolerance for breaches of probation and will impose strict penalties. The penalties of the breach vary depending on the severity of the misconduct and the nature of the offence.
In Queensland, 80.5% of those who have breached a community service order have been returned to court and 24.87 were returned to custody.
Defending A Breach of Probation Charge
If you have breached your probation order, you should realise that there are few credible defences that can be used. Generally, the best defence against a breach is to demonstrate that you had a reasonable excuse for being non-compliant or that the requirement of your probation order was not reasonable.
It is essential to obtain legal advice from an experienced criminal defence lawyer when trying to defend against a breach of probation charge.
Call an Expert Lawyer
If you are charged with a breach offence, it is very important that you seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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