The Law Handbook 2024

244 SECTION 3: Fines, infringements and criminal law 244 3: Fines, infringements and cri inal law Key for flowchart 1. Categories: • Your sentence was a ‘without conviction’ finding • Your only penalty was a fine ordered by the Children’s Court • You received an infringement (fine) such as for drink driving, drug driving or excessive speed when driving a car, or drink driving while operating a boat • The conviction was a ‘qualified finding of guilt’ under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 2. You must first complete any conditions (including being of good behaviour) before your conviction is spent immediately. 3. Police, courts and some other specific exempt agencies will still have access to your spent conviction in certain circumstances. 4. For children and young people (under 21 at the time of sentencing) the ‘conviction period’ is a 5 year period without most reoffending. If you reoffend during this time, the conviction period restarts. The conviction period does not restart if it results in one of the following outcomes: • Your only penalty is a fine of no more than 10 penalty units • Your only penalty is an order to pay a victim compensation (such as for pain and suffering) or restitution (such as to restore stolen property) • No penalty was imposed • Your sentence was a ‘without conviction’ finding 5. A serious violence offence refers to several specific offences such as: • Murder or manslaughter • Causing serious injury intentionally or recklessly • Kidnapping • Arson causing death See the Serious Offenders Act 2018 , Schedule 2 for further details. 6. A sexual offence is defined very broadly and includes different types of offending such as: • Rape or sexual assault • Sexual offences against children • Indecency offences See the Criminal Procedure Act 2009 , section 4 for further details. Note that ‘sexual offence’ does not include any intimate image offences. 7. A ‘custodial term’ is a term of physical imprisonment or detention. The length of a ‘custodial term’ includes time spent on parole. A court secure treatment order is considered a ‘custodial term’. The following types of sentences are not a ‘custodial term’: a suspended sentence, intensive correction order, residential treatment order, a drug and alcohol treatment order or home detention. 8. The 30-month limit is for an individual charge, not your total effective sentence. More information Find more information about what the Spent Convictions Act 2021 means for you: www.justice.vic.gov.au/spent-convictions-act-2021 244 3: Fines, infringements and criminal law ey for flo chart 1. Categories: • Your sentence was a ‘without conviction’ finding • Your only penalty was a fine ordered by the Children’s Court • You received an infringement (fine) such as for drink driving, drug driving or excessive speed when driving a car, or drink driving while operating a boat • The conviction was a ‘qualified finding of guilt’ under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 2. You must first complete any conditions (including being of good behaviour) before your conviction is spent immediately. 3. Police, courts and some other specific exempt agencies will still have access to your spent conviction in certain circumstances. 4. For children and young people (under 21 at the time of sentencing) the ‘conviction period’ is a 5 year period without most reoffending. If you reoffend during this time, the conviction period restarts. The conviction period does not restart if it results in one of the following outcomes: • Your only penalty is a fine of no more than 10 penalty units • Your only penalty is an order to pay a victim compensation (such as for pain and suffering) or restitution (such as to restore stolen property) • No penalty was imposed • Your sentence was a ‘without conviction’ finding 5. A serious violence offence refers to several specific offences such as: • Murder or manslaughter • Causing serious injury intentionally or recklessly • Kidnapping • Arson causing death See the Serious Offenders Act 2018 , Schedule 2 for further details. 6. A sexual offence is defined very broadly and includes different types of offending such as: • Rape or sexual assault • Sexual offences against children • Indecency offences See the Criminal Procedure Act 2009 , section 4 for further details. Note that ‘sexual offence’ does not include any intimate image offences. 7. A ‘custodial term’ is a term of physical imprisonment or detention. The length of a ‘custodial term’ includes time spent on parole. A court secure treatment order is considered a ‘custodial term’. The following types of sentences are not a ‘custodial term’: a suspended sentence, intensive correction order, residential treatment order, a drug and alcohol treatment order or home detention. 8. The 30-month limit is for an individual charge, not your total effective sentence. re information Find ore infor ation about hat the Spent onvictions Act 2021 eans for you: .justice.vic.gov.au/spent-convictions-act-2021