Fuller & White Logo

Need help? Call us now

07 3401 9788

or contact us 24/7 by mobile
Brittany White: 0452 007 228
Kate Fuller: 0412 966 971

  • Home
  • About
    • Brittany White – Principal
    • Kate Fuller – Director
    • Sarah Pascoe – Associate
    • Kurt McDonald- Solicitor
    • Sacha Mackness- Solicitor
    • Kate Bassett- Law Clerk
    • Anahita Ebrahimi- Law Clerk
    • Eleanor Newton- Legal Secretary
  • Areas of Law
    • Criminal Law
    • Traffic Law
    • Domestic Violence
    • Child Protection Matters
    • Children’s Court
    • Traffic Law
    • Professional Misconduct and Regulatory Law
    • Drug Offences
    • Fraud and Dishonesty Offences
    • Assaults and Violent Crimes
    • Homicide Offences
    • Sexual Offences and Related Matters
    • Public Order Offences
    • Weapons Act Matters
    • Breach Proceedings
  • News
  • Pay Now
    • Payment Options
  • Contact Us

Breach Proceedings

Someone who has been charged with a breaching offence is currently in breach of a sentencing order imposed by the Courts. Breaching orders can include everything from a breach of a good behaviour bond, suspended sentence/probation, community service orders or intensive corrections orders. The consequences of breaching an order can be serious and may include periods of actual imprisonment.

Breach of Good Behaviour Bond

If the offender is convicted of an offence attracting a possible sentence of imprisonment at any time during the period of a good behaviour bond, they will not only have to deal with the consequences of the new offence, but the sentencing judge or magistrate will have to consider whether or not to re-sentence the offender as a result of breaching the bond. The court will also have to consider whether any financial amounts attached to the bond should be forfeited.

Suspended Sentence

If you commit an offence punishable by imprisonment while you are serving a suspended sentence, the court must determine what action to take in respect of the suspended sentence. The options for the court are:

  1. Activate the suspended sentence, either in whole or in part, and require the person to serve that sentence in custody or subject the person to a more intensive parole order; or
  2. Extend the operational period of the suspended sentence.

It is imperative that you are legally represented if the court is dealing with a breach of suspended sentence.

Breach of Community Service Order

If you fail to comply with the requirements of a community service order without reasonable excuse, an application to revoke the order could potentially be made by the assigned corrective services officer under the order. This may cause the court to reconsider the sentencing options imposed.

In some circumstances, the court may be able to extend the period of time allowable to complete the community service order, which is usually 12 months unless otherwise ordered by the court.

Failure to comply with the community service hours required and/or within the set time-period will constitute to a breach of the order. It may also be a breach of the order not to attend job sites as directed without reasonable cause.

If an application to revoke the order is made against you and you do not appear in court, an arrest warrant will may be issued against you.

Breach of Probation Order

If you are ordered to serve a sentence of probation, you are required to comply with strict conditions, including no further offending, for the duration of the order.

If you breach your probation order, the court has the option to punish you for the breach and also to re-sentence you for the offences for which you were placed on probation.

Breach of an Intensive Correction Order

An offender who breaches an intensive correction order (ICO) may be sentenced for the term of imprisonment that remains at the time of the offence, which is likely to be served within a correctional centre unless the offender can show exceptional circumstances as to why this should not occur.

Do You Require Our Expertise?

If you are required to appear at Court for a breach offence, or you are pleading guilty to offences which will breach an existing order for which you are subject, it is important that you are legally represented to obtain the best possible outcome.

Criminal sentencing can be complex and you should ensure that your legal representatives are experienced criminal lawyers, who have an in depth understanding of the criminal sentencing regime in Queensland.

Fuller & White Solicitors regularly appear in Courts throughout Southeast Queensland on breach matters and have a proven track record of achieving outstanding results for our clients.

Online Enquiry

* indicates required field

Fuller & White Solicitors

We are a boutique firm based in Brisbane City and Cleveland, servicing clients who require assistance throughout Southeast Queensland. We specialise in criminal defence, traffic law, domestic violence, family law and child protection matters.

Fuller & White Mobile App

Experience Counts

  • We are experienced advocates appearing in Courts around Queensland on a daily basis.
  • We have two decades of experience in our practice areas.
  • We are a Legal Aid Queensland preferred supplier.

We Can Help

  • We listen to our clients and communicate clearly.
  • We offer competitive pricing and flexible payment arrangements.
  • We will listen. We are down to earth, friendly & understanding.

Contact Us

  • Brisbane Office:
    Grant Thornton House, Level 7, 102 Adelaide Street, Brisbane QLD 4000
  • Cleveland Office:
    Sohovian Offices, Level 1, 23 Middle Street, Cleveland QLD 4163
  • Post:
    PO Box 12434, George Street QLD 4003
  • Phone:
    07 3401 9788
  • Email:
    contact@fullerandwhite.com.au
  • Email
  • Facebook
  • RSS
  • Twitter

Liability limited by a scheme approved under Professional Standards Legislation
Copyright © 2021 · Created and hosted by LEAP · Log in