Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Possible outcomes for criminal offences

The penalties for criminal offences could include fines, jail, diversion, community corrections orders, paying compensation to victims and maybe a criminal record.

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The maximum penalty that you can get if you are found guilty of a criminal offence is set out in laws that have been made by parliament. The magistrate will usually give you some kind of penalty, depending on the kind of offence and on your circumstances.

There are a number different possible outcomes for a criminal matters, and they range in severity

Diversion programs

Diversion programs are a way to deal with your matter out of the court system.

It can help avoid a criminal record(opens in a new window), and is normally for less serious cases, or for people who haven’t been in much trouble with the police before.

You must agree to certain conditions as part of a diversion plan. Find out more by visiting Going to court – diversion.

Dismissal

A dismissal is when the magistrate finds you guilty but decides that they will not record a conviction against you or give you any other penalty.

Discharge

A discharge is if the magistrate finds you guilty and decides to record a conviction but decides not to give you any other penalty.

Adjourned undertaking

An adjourned undertaking is if the magistrate finds you guilty but releases you into the community. You must promise not to commit any more offences.

The magistrate may also add conditions to this order such as making you promise to get alcohol treatment, make a donation to a certain charity, or participate in an anger management course.

The court may or may not give you a conviction.

Fines

Many criminal offences are punishable by fine. The amount you have to pay will depend on what you are found guilty of. Let the magistrate know if you might have trouble paying the fine. There are options.

You can ask the magistrate to make a plan for you to pay bit-by-bit (known as instalments)

If you do not pay, the court can issue you with a warrant for your arrest. Visit Fines and infringements.

You can later apply at the registry counter at court to convert fines to unpaid community work. Find out more by visiting the Magistrates’ Court of Victoria website.

Community corrections orders

Community corrections orders let you serve your sentence in the community.

These court orders have one or more conditions attached. The conditions depend on your particular needs, your circumstances, and the offence that you are found guilty of.

Conditions may include:

  • supervision
  • unpaid community work
  • treatment and rehabilitation
  • bans on going to particular areas or licensed places
  • curfews.

Jail

If you are found guilty of a serious offence, or if you have a lot of prior convictions, you may have to serve time in prison.

Criminal records

If you have been found guilty of an offence, it will be included in a police record of your criminal history, also known as a criminal record.

You may also get a criminal driving record from VicRoads for traffic offences like drink driving.

A criminal record may affect you in future. For example, getting a job or travelling overseas.

The spent convictions scheme in Victoria allows for some convictions to become 'spent'. Once a conviction becomes spent it no longer forms part of your criminal record and, in most cases, you do not have to tell anyone about it. Learn more about spent convictions in Victoria.

Licence cancellation or suspension

The magistrate may cancel or suspend your driver licence or disqualify you from driving for any offence.

If the magistrate decides that you were affected by alcohol and that this contributed to the offence, you will also need to go to court to get your licence back.

You may need to have an alcohol interlock device fitted to your vehicle before you are allowed to drive again.

For more information visit the Drink driving page.

Compensation

You may have to pay compensation to someone who has suffered physical or emotional injury, or financial loss because of your crime.

If the police lost time or if they had to pay for things because you hindered them, they can ask for you to pay for lost time or any costs.

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