What fines do courts give?

A fine is a monetary penalty. Fines can be imposed if it is specified as a penalty for the offence. Generally, an offence will note how many penalty units the fine is to consist of – one penalty unit is equal to $110. Fines can be imposed as the only punishment or in addition to another penalty. Unless the statutory provision sets a mandatory amount for a fine, the judge has the discretion to specify the amount of the fine. The court will consider the means of an offender to pay the fine when determining what amount should be payable.

What penalties does a court give?

When the accused’s guilt has been found the court has the option of imposing a wide range of penalties depending on the jurisdiction. The penalty an offender is to receive is at the discretion of the presiding Judge/Magistrate and will be determined with regard to the seriousness of the offence and their personal circumstances. It is important to have a lawyer who knows what issues and factors the courts will take into consideration when exploring sentencing options. This is not just a case of providing a good reference, it is knowledge of precedent decisions and sentencing statistics whilst also having regard to current social issues.

Why does the court impose penalties?

The most obvious reason is that penalties serve as a form of punishment for the offender. However, there are a number of other reasons for the imposition of penalties. Some of these reasons are to punish the offender, prevent crime by deterring the offender and other people from committing the same or similar offences, protection of the community from the offender, to promote the rehabilitation of the offender, make the offender accountable for their actions, denounce the conduct of the offender or to recognise the harm done to the victim and the community.

In September 2018, reforms were introduced to strengthen community-based sentencing. The rationale behind the changes was to reduce re-offending by holding offenders accountable for their actions. The courts are provided with more information, through reports and submissions, at the time of sentencing which enables them to tailor the sentence to impose conditions (and supervision) as is necessary. Supervision of offenders at risk of returning to crime has been found to reduce re-offending by addressing the causes of anti-social behaviour. Suspended sentences have been abolished and there is an automatic presumption (unless there is a good reason not to) that domestic violence offenders will receive a community-based sentence or are imprisoned.

Will I get a Conditional Release Order (CRO)? (old Section 10 Dismissal)

A CRO allows the court to dismiss the charges of the offender without recording a conviction. This is possible where there has been a plea of guilty entered or a finding by the court of guilt. A CRO provides a safety net, it ensures that in certain circumstances, even though an offender has breached the law, they are not punished where there are extenuating circumstances or the offence was trivial and punishment is not appropriate. The court will have regard to some of the following circumstances when considering whether a CRO is appropriate – whether it is the offender’s first offence, whether the offence was trivial in nature and the risk the offender poses to the community. A benefit to the courts is that they can also impose conditions such as drug and alcohol abstention, programmes, non-association requirements and place restrictions. CRO’s can be imposed for a period of up to two years. The courts can also impose a conviction under a CRO and if an offender commits any further offences whilst subject to a CRO, the subsequent matter can be recalled and the penalties may be more severe.

What is a Community Corrections Order (CCO)?

Community Correction Orders are available to punish offenders for crimes that do not warrant imprisonment or an ICO, but are too serious to be dealt with by a fine or lower level penalty. Examples when a CCO are more commonly used include property damage, mid-to-high range drink driving, drug possession, theft, and common assault. Conditions open to the court to impose on offenders include supervision, community service, and curfews. The conditions chosen usually reflect the nature of the offence and the needs of the offender to avoid reoffending. This Order may be imposed for a maximum period of 3 years. Under supervision conditions, offenders are assigned a Community Corrections Officer whom they must report to on a predetermined basis for assessments targeting questions such as “what lead this person to commit this offence?”. Once assessed, offenders are identified as low, medium, or high-risk offenders. This sentencing option enables accuracy in the distribution of resources and ensures those who need more preventative support are provided it. Supervising Officers also laisse with close family members of high-risk offenders to ensure the offender is behaving appropriately when not supervised. Offenders are reassessed periodically to track the level of risk they present to the safety of themselves and the community. This reassessment aims to catch early signs of increase in risk and commence intervention programs. Consequently, mandatory supervision conditions promote the Law Reform Commission’s focus on the importance of rehabilitation and reintroduction of offenders into the community.

What is an Intensive Correctional Order (ICO)? Is it gaol?

An ICO is considered a form of imprisonment but it does not involve immediate imprisonment, it is a custodial sentence of up to two years that the court decides can be served in the community. An ICO is served under the supervision of Corrective Services NSW. There are mandatory conditions that all ICOs put in place, these include: The offender is to be of good behaviour and not commit any offence The offender is to reside only at a place approved by a supervisor The offender is to submit drug and alcohol testing The offender must undertake at least 32 hours of community service work per month, as directed by the supervisor The offender is to engage in activities to address the factors associated with their offending as identified in the assessment The offender is to submit to a medical examination by a specified medical practitioner in relation to the offender’s capacity to undertake community service work. The court can also impose any other conditions they deem to be necessary. Prior to imposing an ICO, the court must be satisfied that, having considered the alternative penalties available, that nothing other than a sentence of imprisonment would be suitable for the offender and that the sentence to be imposed is likely to be for no more than 2 years. There are some circumstances where an ICO will not be available as a form of punishment and prior to being sentenced to an ICO the offender must undergo a suitability assessment. Where an offender breaches their ICO, this will be dealt with by Corrective Services rather than the courts. The Commissioner of Corrective Services can impose a formal warning, sanctions in the form of more stringent conditions of the ICO or refer the matter to the Parole Authority. The Parole Authority can even revoke the ICO, leaving the offender to serve the rest of their sentence in gaol.

Imprisonment is a last resort and an offender will only be sentenced to a gaol term where the court has no other options available to it. Even after release, it can impact your ability to work, to hold a driver’s licence or firearms licence. It can prevent you from travelling and can even have a dramatic impact on family law proceedings.

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The penalties for being charged with a criminal offence range from modest fines to incarceration depending on the type, repetition and severity of the offence.

Kells’ lawyers in Wollongong will assess your case and explain to you in simple terms what penalties you may be facing. We can then provide timely advice to address the consequences of these penalties, ensuring you receive the very best outcome.

There are two sides to every story. When you need someone to hear your side, and take it, choose Kells.

Frequently Asked Questions

What fines do courts give?

A fine is a monetary penalty. Fines can be imposed if it is specified as a penalty for the offence. Generally, an offence will note how many penalty units the fine is to consist of – one penalty unit is equal to $110. Fines can be imposed as the only punishment or in addition to another penalty. Unless the statutory provision sets a mandatory amount for a fine, the judge has the discretion to specify the amount of the fine. The court will consider the means of an offender to pay the fine when determining what amount should be payable.
What penalties does a court give?

When the accused’s guilt has been found the court has the option of imposing a wide range of penalties depending on the jurisdiction. The penalty an offender is to receive is at the discretion of the presiding Judge/Magistrate and will be determined with regard to the seriousness of the offence and their personal circumstances.

It is important to have a lawyer who knows what issues and factors the courts will take into consideration when exploring sentencing options. This is not just a case of providing a good reference, it is knowledge of precedent decisions and sentencing statistics whilst also having regard to current social issues.
Why does the court impose penalties?

The most obvious reason is that penalties serve as a form of punishment for the offender. However, there are a number of other reasons for the imposition of penalties. Some of these reasons are to punish the offender, prevent crime by deterring the offender and other people from committing the same or similar offences, protection of the community from the offender, to promote the rehabilitation of the offender, make the offender accountable for their actions, denounce the conduct of the offender or to recognise the harm done to the victim and the community.
Sentencing Reform

In September 2018, reforms were introduced to strengthen community-based sentencing. The rationale behind the changes was to reduce re-offending by holding offenders accountable for their actions.

The courts are provided with more information, through reports and submissions, at the time of sentencing which enables them to tailor the sentence to impose conditions (and supervision) as is necessary. Supervision of offenders at risk of returning to crime has been found to reduce re-offending by addressing the causes of anti-social behaviour. Suspended sentences have been abolished and there is an automatic presumption (unless there is a good reason not to) that domestic violence offenders will receive a community-based sentence or are imprisoned.
Will I get a Conditional Release Order (CRO)? (old Section 10 Dismissal)

A CRO allows the court to dismiss the charges of the offender without recording a conviction. This is possible where there has been a plea of guilty entered or a finding by the court of guilt.

A CRO provides a safety net, it ensures that in certain circumstances, even though an offender has breached the law, they are not punished where there are extenuating circumstances or the offence was trivial and punishment is not appropriate.

The court will have regard to some of the following circumstances when considering whether a CRO is appropriate – whether it is the offender’s first offence, whether the offence was trivial in nature and the risk the offender poses to the community.

A benefit to the courts is that they can also impose conditions such as drug and alcohol abstention, programmes, non-association requirements and place restrictions.

CRO’s can be imposed for a period of up to two years.

The courts can also impose a conviction under a CRO and if an offender commits any further offences whilst subject to a CRO, the subsequent matter can be recalled and the penalties may be more severe.
What is a Community Corrections Order (CCO)?

Community Correction Orders are available to punish offenders for crimes that do not warrant imprisonment or an ICO, but are too serious to be dealt with by a fine or lower level penalty. Examples when a CCO are more commonly used include property damage, mid-to-high range drink driving, drug possession, theft, and common assault. Conditions open to the court to impose on offenders include supervision, community service, and curfews.

The conditions chosen usually reflect the nature of the offence and the needs of the offender to avoid reoffending. This Order may be imposed for a maximum period of 3 years.

Under supervision conditions, offenders are assigned a Community Corrections Officer whom they must report to on a predetermined basis for assessments targeting questions such as “what lead this person to commit this offence?”. Once assessed, offenders are identified as low, medium, or high-risk offenders.

This sentencing option enables accuracy in the distribution of resources and ensures those who need more preventative support are provided it. Supervising Officers also laisse with close family members of high-risk offenders to ensure the offender is behaving appropriately when not supervised. Offenders are reassessed periodically to track the level of risk they present to the safety of themselves and the community. This reassessment aims to catch early signs of increase in risk and commence intervention programs. Consequently, mandatory supervision conditions promote the Law Reform Commission’s focus on the importance of rehabilitation and reintroduction of offenders into the community.
What is an Intensive Correctional Order (ICO)? Is it gaol?
An ICO is considered a form of imprisonment but it does not involve immediate imprisonment, it is a custodial sentence of up to two years that the court decides can be served in the community.

An ICO is served under the supervision of Corrective Services NSW. There are mandatory conditions that all ICOs put in place, these include:
- The offender is to be of good behaviour and not commit any offence
- The offender is to reside only at a place approved by a supervisor
- The offender is to submit drug and alcohol testing
- The offender must undertake at least 32 hours of community service work per month, as directed by the supervisor
- The offender is to engage in activities to address the factors associated with their offending as identified in the assessment
- The offender is to submit to a medical examination by a specified medical practitioner in relation to the offender’s capacity to undertake community service work.
The court can also impose any other conditions they deem to be necessary.

Prior to imposing an ICO, the court must be satisfied that, having considered the alternative penalties available, that nothing other than a sentence of imprisonment would be suitable for the offender and that the sentence to be imposed is likely to be for no more than 2 years. There are some circumstances where an ICO will not be available as a form of punishment and prior to being sentenced to an ICO the offender must undergo a suitability assessment. Where an offender breaches their ICO, this will be dealt with by Corrective Services rather than the courts. The Commissioner of Corrective Services can impose a formal warning, sanctions in the form of more stringent conditions of the ICO or refer the matter to the Parole Authority. The Parole Authority can even revoke the ICO, leaving the offender to serve the rest of their sentence in gaol.
Can I go to gaol?

Imprisonment is a last resort and an offender will only be sentenced to a gaol term where the court has no other options available to it. Even after release, it can impact your ability to work, to hold a driver’s licence or firearms licence. It can prevent you from travelling and can even have a dramatic impact on family law proceedings.

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NSW criminal records what appears and what you need to know

By Harry Webb, Lawyer • February 2, 2026

A criminal record is an official record of a person’s criminal convictions and interactions with the criminal justice system. What shows up on your record during a background check can vary depending on the type of offences and who is conducting the check. Are all offences included in my criminal record? Not every offence results in a criminal record. Some minor offences can be dealt with by Police on the spot (sometimes called an infringement or a ‘ticket’), rather than through the courts. This is usually a matter of discretion for the police, depending on the seriousness of the offence. If your matter goes to court and you are found guilty and sentenced, it will appear on your criminal record. How long does a criminal record last in NSW? Your criminal record is usually permanent, and a lifelong record is held by the police and the courts. However, some convictions can be: “Quashed” (overturned by the court) “Extinguished” (for certain historical offences which are no longer crimes), or Become “spent”, meaning they aren’t fully erased but become non-disclosable in most situations. What are ‘spent’ convictions? In NSW, the Criminal Records Act 1991 creates a scheme which allows minor criminal convictions to become "spent" after a crime-free period. Once a conviction is spent, you generally don't need to disclose it and it usually won’t show on a police check. This scheme was designed to prevent discrimination for people who have demonstrated a change in behaviour. There are exceptions to this scheme for more serious crimes and disclosure for certain jobs like teaching and policing. All offences can become “spent”, except: Convictions with prison sentences of more than 6 months Convictions for sexual offences Convictions imposed against bodies corporate Any offences set out in the regulations. Note: The “spent” convictions scheme applies to offences and convictions in jurisdictions outside of New South Wales (such as other states) which correspond (or which correspond as closely as possible) to the relevant New South Wales offences and convictions When is a conviction spent? Under Section 8(1) of the Criminal Records Act 1991 a conviction is spent on completion of the relevant ‘crime free’ period. This is automatic and you do not need to apply to have a conviction spent after the crime free period. For adults, this period is 10 consecutive years after the date of the conviction, during which: (a) The person has not been convicted of an offence punishable by imprisonment (b) The person has not been in prison because of a conviction for any offence and has not unlawfully been at large (c) There is no statutory or prescribed exclusion that applies For convictions in the Children’s court, this period is 3 consecutive years, where: (a) the person has not been subject to a control order, and (b) the person has not been convicted of an offence punishable by imprisonment, and (c) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large. Who can see my “spent” convictions? If a conviction is “spent”, you generally do not have to disclose it, and any questions about your criminal history are taken to refer only to unspent convictions. However, there are exceptions. Spent convictions may still appear when checks are made for certain roles, including: working with children police officers / law enforcement teachers and teacher’s aides disability support work corrective services staff in immigration detention centres firefighting or fire prevention Law enforcement agencies, including all State and Territory police, can also access and share information about spent convictions to other law enforcement agencies and the court. Archives and libraries can also disclose to a member of public or to another library or archive material that contains information relating to spent convictions if the material is normally available for public use. Can someone disclose my spent convictions? It is an offence for anyone with lawful access to conviction records to disclose information about spent convictions without lawful authority. The maximum penalty for doing so is $5,500 fine and/or 6 months imprisonment. It is also an offence to obtain or attempt to obtain information concerning a spent conviction fraudulently or dishonestly, and this carries the same penalty. If you have a criminal record and are unsure about what will show up, or whether a conviction is spent, you should get in touch with a criminal lawyer. Contact our highly experienced criminal and traffic law team for a FREE consultation to help you understand your criminal record and what it means for you.

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Frequently Asked Questions

What fines do courts give?

What penalties does a court give?

Why does the court impose penalties?

Sentencing Reform

Will I get a Conditional Release Order (CRO)? (old Section 10 Dismissal)

What is a Community Corrections Order (CCO)?

What is an Intensive Correctional Order (ICO)? Is it gaol?

Can I go to gaol?

OUR TEAM