Sentencing adult offenders

Part of the Sentences for adult offenders topic

Understand how adults who have been found guilty of a crime are sentenced in Queensland.

In short

When an adult is found guilty, or pleads guilty, of a crime in Queensland a magistrate or judge may impose a sentence.

There are different types of sentences, including: absolute release, fines, penalties, good behaviour bonds, community service, rehabilitation, probation and imprisonment.

What you should know

If you plead guilty or are found guilty of a crime, the magistrate or judge will either:

sentence you at the end of the hearing or trial, or
set a date for a sentencing hearing.

You are generally required to attend the sentencing hearing.

Court considerations

When deciding on a sentence, the court considers:

the seriousness of the crime
the effect on the victim
the extent to which you are to blame
your personal circumstances and criminal history
whether you have cooperated with police
whether you have sought counselling for issues that contributed to the offence
submissions from the prosecutor and defence lawyers
relevant laws
sentences given in similar cases.

The court must always provide reasons for its decision.

Recording convictions

When sentencing, the court decides whether to record a conviction. A recorded conviction gives you a criminal record, which may affect your ability to:

work in certain professions
hold public office
travel to or work in some countries.

If a conviction is not recorded, you will not have a criminal history for the offence.

For some sentences, such as good behaviour orders, the court cannot record a conviction. However, for serious sentences like imprisonment or intensive correction orders, a conviction must be recorded.

Types of sentences

Courts can issue three main types of sentences:

non-custodial sentences
custodial sentences
special court orders.

Non-custodial sentences

Non-custodial sentences are penalties that do not involve time in prison. These include:

Absolute release: You are released without a recorded conviction or further penalty.

Good behaviour bonds: You promise to behave well for a set period. This may include a surety (a guarantee or amount of money) and other conditions.

Restitution or compensation orders: You are required to pay for property you have taken or damaged, or to compensate someone for an injury. This can be added to another sentencing order.

Non-contact or banning orders: You are banned from contacting the victim or going to certain places for a set time. This can be added to another sentencing order.

Fines: You are ordered to pay a fine. The amount depends on the offence and the court. Fines are calculated by multiplying the value of one penalty unit—$172.70 (current from 1 July 2026)—by the number of penalty units set for the offence.

Fines can often be paid in instalments. If you cannot pay, you may apply to convert the fine to unpaid community service.

Penalties: Special legislation may impose additional penalties for certain crimes. For example, people convicted of driving without due care and attention (hooning), may have their vehicle impounded or confiscated.

Community service orders: You are required to perform unpaid community service for 40–240 hours (usually within 1 year) and comply with other conditions.

Probation: You are allowed to remain in the community under supervision and must report regularly to a probation officer.

Custodial sentences

Custodial sentences involve time in prison. These include:

Imprisonment: You serve time in prison, and a conviction is recorded. The maximum term depends on the offence.

Intensive correction orders: A prison sentence of 1 year or less served in the community under intensive supervision. You must report regularly, attend rehabilitation programs and perform community service.

Suspended sentences: If sentenced to up to 5 years in prison, the court may suspend all or part of your sentence for a set period. If you commit another offence during this time, you must serve the original suspended sentence plus the new sentence.

Indefinite prison sentences: For serious violent or sexual offences, the court may impose an indefinite sentence if it believes you are a danger to the community. This decision is based on factors such as your past behaviour, the severity of the offence and other circumstances.

Special court orders

Drug courts can order intensive drug rehabilitation instead of prison time. To be eligible, you must:

plead guilty, and
have no outstanding charges for sexual offences or offences involving physical violence.

This order includes a suspended prison sentence of up to 4 years, conditions and a rehabilitation program. Once the program ends, the magistrate will reconsider your sentence and impose a final decision.