Non-Custodial Sentences

Bind over

order to keep the peace or be of good behaviour backed by a financial penalty if breached

Absolute discharge

no punishment; conviction recorded but no further action

Conditional discharge

no punishment unless D reoffends within specified period (max 3 years)

Fine

financial penalty payable to the court based on offender’s means

Fine (magistrates)

levels 1–5 with level 5 unlimited

Fine (Crown Court)

unlimited amount

Community order

sentence requiring offender to comply with one or more requirements in the community

Community order threshold

offence must be serious enough to justify it (s.204 SA 2020)

Community order eligibility

offender must be 18+ and offence punishable with imprisonment

Community order max length

3 years

Community order requirement rule

must include at least one requirement

Unpaid work requirement

40–300 hours unpaid work within 12 months

Rehabilitation activity requirement

attend activities as directed by probation

Programme requirement

attend accredited programme (e.g. anger management)

Prohibited activity requirement

must not do specified activity

Curfew requirement

remain at specified place for 2–20 hours per day (max 12 months)

Exclusion requirement

stay away from specific place/person (max 2 years)

Residence requirement

live at specified address

Foreign travel prohibition

ban on travel for up to 12 months

Mental health treatment requirement

undergo treatment if suitable and consenting

Drug rehabilitation requirement

treatment and testing for drug dependency

Alcohol treatment requirement

treatment for alcohol dependency

Alcohol abstinence requirement

abstain or limit alcohol (max 120 days)

Attendance centre requirement

attend centre (ages 18–24, 12–36 hours)

Electronic monitoring requirement

tag used to monitor compliance

Pre-sentence report

usually required before community order unless unnecessary

Breach of community order

failure without reasonable excuse leads to court action

Breach outcome

order can be made more onerous, fine imposed, or order revoked

Revocation on breach

offender re-sentenced for original offence

Persistent breach

may result in custodial sentence up to 6 months