When most people picture “sentencing”, they picture prison.

In Queensland, though, courts have a wider toolkit. Depending on the offence and the person being sentenced, the law allows a range of community-based orders and diversion options that focus on rehabilitation, accountability and public safety – often without actual jail.

Below is a practical guide to those options and when they’re used.

First principles: what is the court trying to achieve?

Before a penalty is chosen, the court must weigh up the purposes of sentencing set out in the Penalties and Sentences Act 1992 (Qld) (the Act).

The court can punish, deter, denounce, protect the community and/or rehabilitate – balancing those purposes against the facts of the offence and the person’s circumstances.

That framework is found in section 9 of the Act and is the starting point for any discussion about alternatives to imprisonment.

Community-based orders: supervised sentences served in the community

Although public sentiment does not always agree, community-based orders are not a “let-off”.

They are sentences with real, enforceable conditions, supervised by corrective services.

Breaching those conditions can bring you back before the court and may land you in custody.

Probation

A probation order places a person under supervision for a set period with standard conditions such as:

• not committing further offences
• reporting to corrective services
• attending programs or counselling as directed
• notifying your officer of any change in address or employment
• not leaving Queensland without permission, and
• complying with reasonable directions.

Those core requirements are prescribed by section 93 of the Act. Probation is often paired with other penalties (for example, a fine), and the court can tailor extra conditions. In practice, probation is used where rehabilitation prospects are real and the risk to the community can be managed in the community.

Community Service Orders (CSOs)

A community service order requires a person to perform unpaid work for an approved organisation.

The court can impose a CSO whether or not a conviction is recorded. There are conditions about reporting, completing the hours within a set timeframe, and obeying corrective services directions.

CSOs are typically used where punishment, reparation and structured supervision are appropriate but imprisonment is not considered necessary.

Intensive Correction Orders (ICOs)

An intensive correction order is a sentence of imprisonment of 12 months or less served in the community rather than in a prison.

Under an ICO, the offender serves the sentence “by way of intensive correction in the community and not in a prison.” Standard requirements include not re-offending, reporting (usually more often than probation), program participation and compliance with directions.

Importantly, the person must consent to an ICO being made. If an ICO is breached, the court can revoke the order and order the person to serve the outstanding prison time.

ICOs are typically reserved for cases where a short term of imprisonment would otherwise be imposed, but where close community supervision and programs are a better fit to manage risk and promote rehabilitation.

Suspended sentences

For terms of imprisonment of five years or less, the court may suspend all or part of the term for an “operational period”.

If the person commits an offence punishable by imprisonment during that period, the court can activate some or all of the suspended term.

A suspended sentence sits somewhere between immediate custody and a wholly community-based order – it reflects that imprisonment is warranted, but allows the person to prove they can stay offence-free in the community.

Drug and alcohol diversion: education instead of punishment (for eligible cases)

Queensland has two main diversion programs connected to the Magistrates Courts, as well as a separate police diversion pathway.

These are designed to address low-level drug use driving offending, reduce re-offending and, in some cases, avoid a conviction being recorded.

• Police Drug Diversion Program (PDDP): For eligible minor possession matters, police can offer a legislated diversion as an alternative to prosecution. The person must complete an assessment or education session.
• Illicit Drugs Court Diversion Program (IDCDP): For eligible minor drug offences dealt with in the Magistrates Court (including for young people), the court may refer a person to a brief education or intervention session instead of imposing traditional penalties.
• Drug and Alcohol Assessment and Referral (DAAR): Available to adults in the Magistrates Court where alcohol or other drug use contributed to the offending. DAAR can be offered up to twice in five years and, if completed under recognisance, a conviction is typically not recorded for the minor drug offence.

Adult restorative justice: facing the harm, not just the charge

Queensland also offers adult restorative justice conferencing in appropriate cases.

Restorative justice brings together the person who offended and the person harmed (where the victim wants to participate), guided by a trained convenor, to talk about what happened, the impact, and what can be done to make amends.

Outcomes can include apologies, counselling commitments, or other agreed actions.

Participation is voluntary and not suitable for every matter. Courts consider restorative justice because it can directly address victim needs, promote genuine accountability and reduce the likelihood of re-offending – values aligned with the purposes of sentencing under section 9 that we set out above.

How does a court decide between prison and a community-based or diversion option?

Every case turns on its facts, but common considerations include:

• Seriousness of the offence and any statutory constraints.
• Personal circumstances and rehabilitation prospects.
• Suitability assessments by corrective services.
• Consent where required.

Breaches: what if you don’t comply?

Breaching a community-based order (missing appointments, failing to complete hours, ignoring directions, or re-offending) can bring you back before the court.

The Act gives courts powers that range from amending conditions to revoking the order and re-sentencing – including ordering you to serve time if an ICO is revoked.

For suspended sentences, committing a fresh imprisonable offence during the operational period may result in the court activating part or all of the suspended term.

Where does this leave you (or someone you’re helping)?

Queensland courts do not default to prison, particularly for lower-level offending where treatment, education and close supervision will better protect the community in the long run.

But these are still real sentences with real consequences. Choosing the right option – and structuring submissions and evidence so the court can lawfully impose it – requires careful, case-specific advice.

If you’re facing a sentencing date or want to know whether you might be a candidate for probation, community service, an ICO, or one of the diversion programs above, contact our criminal lawyers for advice.