What Is a Community Service Order in Queensland?
A community service order (CSO) is a sentencing order that requires a person to perform unpaid community service instead of receiving a more severe penalty in appropriate circumstances.
In Queensland, a court can make a community service order where a person has been convicted of an offence punishable by imprisonment or a regulatory offence and the court is satisfied that the person is suitable to perform community service.
A community service order does not simply mean doing volunteer work whenever it is convenient. It is a court order with specific requirements. The person must report as directed, complete the required hours and comply with other conditions.
In this article, we explain how community service orders work in Queensland, who can receive one, how many hours can be ordered, what the conditions are, what happens if an order is breached and how a community service order compares with other sentencing options.
What is a community service order?
A community service order requires an offender to perform unpaid community service for a specified number of hours.
Under section 101 of the Penalties and Sentences Act 1992 (Qld), a court may make a community service order where an offender has been convicted of an offence punishable by imprisonment or a regulatory offence and the court is satisfied that the person is suitable to perform community service.
The effect of the order is that the person must complete unpaid community service for the number of hours stated in the order.
The order is therefore a formal sentencing outcome, not an informal agreement to volunteer.
Can a community service order be made without a conviction?
Yes.
One important feature of Queensland’s community service order provisions is that a court may make a community service order whether or not it records a conviction.
This means a community service order can potentially be relevant in circumstances where the court decides not to record a conviction.
However, a community service order is not automatically a way to avoid a conviction. The decision about whether to record a conviction and the decision about whether to impose a community service order are separate matters, and both depend on the circumstances of the case.
If avoiding a conviction is important to you, this should be addressed specifically in your sentencing submissions.
How many hours of community service can be ordered?
For a standard community service order, the total number of hours must generally be at least 40 hours and no more than 240 hours.
The hours must generally be completed within one year from the making of the order, unless another period is allowed by the court.
The number of hours ordered will depend on the circumstances of the offence and the offender.
A person should not assume that a community service order automatically means a particular number of hours. The court determines the appropriate number within the legislative limits.
What are the conditions of a community service order?
A community service order comes with a number of requirements.
These include requirements that the offender:
- must not commit another offence during the period of the order;
- must report to an authorised corrective services officer at the place and time stated in the order;
- must report to, and receive visits from, an authorised corrective services officer as directed;
- must perform the required community service satisfactorily;
- must notify an authorised corrective services officer of changes to their residence or employment within the required timeframe;
- must not leave or stay out of Queensland without permission; and
- must comply with reasonable directions from an authorised corrective services officer.
The specific administration of the order is therefore important. Completing some of the hours is not enough if the person otherwise fails to comply with the order.
What kind of work is community service?
The exact work performed depends on the arrangements made by corrective services and the person’s circumstances.
Community service is unpaid work carried out for the benefit of the community. The work is directed and supervised under the community service order.
A person should not assume that they can choose any organisation or simply complete equivalent volunteer hours independently.
The authorised corrective services officer determines where and when the community service is to be performed and gives directions about completing the required hours.
Who is suitable for a community service order?
The court must be satisfied that the offender is a suitable person to perform community service.
Suitability can involve practical and personal considerations, including whether the person can comply with the requirements of the order.
The court will also consider the circumstances of the offence and the purposes of sentencing.
A community service order is not available simply because someone asks for one. The court must be satisfied that the order is an appropriate sentencing response.
What offences can result in a community service order?
Community service orders can be available for offences punishable by imprisonment and certain regulatory offences, subject to the legislation and the circumstances of the case.
The availability of a community service order does not mean that every offence will be suitable for this outcome.
The seriousness of the offending, the offender’s history, the circumstances of the offence and the purposes of sentencing all matter.
For more serious offending, the court may consider imprisonment or another sentencing option more appropriate.
Can you receive a community service order for multiple offences?
Yes.
Queensland legislation allows a court to make one or more community service orders for an offender convicted of two or more offences.
Where multiple community service orders are made, the total number of hours is subject to a 240-hour limit under section 107.
The legislation also contains rules dealing with people who are already subject to an existing community service order.
This means that having multiple offences does not necessarily mean that community service hours can simply be added without limit.
Can a community service order be combined with another sentence?
In appropriate circumstances, a court can make a community service order alongside other sentencing outcomes.
Queensland law also contains specific provisions dealing with community service orders and other community-based orders.
Whether a community service order is made alone or alongside another sentencing order depends on the circumstances and the statutory requirements.
It is therefore important to consider the proposed sentencing outcome as a whole rather than looking at the community service hours in isolation.
What happens if you breach a community service order?
A community service order is a court order, so failing to comply can have serious consequences.
A breach can include failing to perform the required community service, failing to report as directed or otherwise failing to comply with the requirements of the order.
The legislation provides mechanisms for dealing with contraventions, including circumstances in which the order can be amended or revoked and the offender can be re-sentenced.
The consequences depend on the nature of the breach and the applicable provisions.
If you are struggling to comply with a community service order, it is important to obtain advice rather than simply stop attending.
What if you cannot complete your community service hours?
If circumstances make it difficult or impossible to complete your hours, you should communicate with the relevant corrective services officer and obtain legal advice where necessary.
A person should not assume that missing appointments or failing to complete hours will simply result in an extension.
There may be lawful mechanisms for dealing with changes in circumstances, but the correct approach depends on the reason for the difficulty and the terms of the order.
Community service order vs probation
A community service order and probation order are different sentencing outcomes.
A probation order involves supervision and compliance with the requirements of probation. A community service order specifically requires the person to perform a set number of hours of unpaid community service and comply with the order’s other requirements.
In some circumstances, the court can impose both a probation order and a community service order.
The appropriate option depends on the offence, the offender’s circumstances and the sentencing purposes the court considers important.
Community service order vs suspended sentence
A community service order is also different from a suspended sentence.
A suspended sentence involves a sentence of imprisonment that is suspended subject to the relevant statutory requirements.
A community service order, by contrast, requires the person to perform unpaid community service and comply with the conditions of the order.
The two outcomes can have very different consequences. In particular, a suspended sentence is a sentence of imprisonment, whereas a community service order is a community-based sentencing order.
Can a community service order help you avoid prison?
In appropriate cases, a community service order can provide a sentencing option that does not involve imprisonment.
However, there is no automatic right to community service instead of prison.
The court must consider the seriousness of the offending and the purposes of sentencing. If imprisonment is considered necessary, the court may not consider a community service order sufficient.
This is why sentencing submissions should address why a community-based outcome is appropriate in the particular case.
Can a community service order help avoid a conviction?
Potentially, yes, because Queensland law expressly allows a community service order to be made whether or not a conviction is recorded.
However, this does not mean that anyone who receives community service will automatically avoid a conviction.
Whether a conviction is recorded is a separate sentencing decision. The court will consider the relevant circumstances and applicable legal principles.
If the effect of a conviction on employment, professional registration, travel or other aspects of your life is important, your lawyer should be told about those circumstances before sentencing.
What factors may help when seeking a community service order?
When preparing for sentencing, relevant material may include:
- the person’s employment and work history;
- family and caring responsibilities;
- rehabilitation or treatment undertaken;
- educational or vocational commitments;
- lack of, or limited, prior criminal history;
- remorse and acceptance of responsibility;
- the circumstances of the offending;
- the person’s ability and willingness to comply with community-based supervision; and
- why a community-based sentence is appropriate in the particular circumstances.
No single factor guarantees a community service order.
The court must consider the offence and the offender as a whole.
What should you do if you are facing sentencing?
If you are facing sentencing and want to know whether community service may be available, speak with a criminal defence lawyer before your sentencing hearing.
Your lawyer can assess:
- the seriousness of the offence;
- the applicable sentencing range;
- your criminal history;
- whether a conviction should be recorded;
- whether community service is legally available;
- whether another community-based order may be more appropriate; and
- what material should be put before the court.
Good sentencing preparation is important because the court’s decision is based on the particular circumstances of the case.
How Cridland & Hua can help
Cridland & Hua represents people facing criminal charges and sentencing proceedings throughout Queensland.
If you are hoping to avoid imprisonment, our lawyers can assess the available sentencing options and prepare submissions addressing why a community-based outcome may be appropriate.
This can include:
- advice about guilty pleas and sentencing;
- preparing sentencing submissions;
- addressing the prospects of a community service order;
- making submissions about whether a conviction should be recorded;
- presenting rehabilitation and personal circumstances;
- addressing probation, intensive correction orders or suspended sentences where relevant; and
- representing clients at sentencing hearings and appeals.
Every sentencing matter is different. The appropriate outcome depends on the offence, the evidence, the person’s circumstances and the sentencing principles applicable to the case.
Speak with Cridland & Hua
If you are facing sentencing in Queensland and want to understand whether community service or another community-based sentencing option may be available, early legal advice can help you understand your position.
Call Cridland & Hua on (07) 3211 3177 or contact us online for confidential advice.
