The Law Handbook 2024

246 SECTION 3: Fines, infringements and criminal law 246 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. 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. 5. 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. 6. 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. 7. The 30-month and 5-year limits are for an individual charge, not your total effective sentence. 8. For adults (21 or over at the time of sentencing) the ‘conviction period’ is a 10 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 More information Find more information about what the Spent Convictions Act 2021 means for you: www.justice.vic.gov.au/spent-convictions-act-2021 246 3: Fines, infringe ents and cri inal 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 infringe ent (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 Cri es ( ental I pair ent and Unfitness to be Tried) Act 1997 2. You ust first co plete any conditions (including being of good behaviour) before your conviction is spent i ediately. 3. Police, courts and so e other specific exe pt agencies ill still have access to your spent conviction in certain circu stances. 4. A serious violence offence refers to several specific offences such as: • urder or anslaughter • Causing serious injury intentionally or recklessly • Kidnapping • Arson causing death See the Serious ffenders Act 2018 , Schedule 2 for further details. 5. 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 Cri inal Procedure Act 2009 , section 4 for further details. Note that ‘sexual offence’ does not include any inti ate i age offences. 6. A ‘custodial ter ’ is a ter of physical i prison ent or detention. The length of a ‘custodial ter ’ includes ti e spent on parole. A court secure treat ent order is considered a ‘custodial ter ’. The following types of sentences are not a ‘custodial ter ’: a suspended sentence, intensive correction order, residential treat ent order, a drug and alcohol treat ent order or ho e detention. 7. The 30- onth and 5-year li its are for an individual charge, not your total effective sentence. 8. For adults (21 or over at the ti e of sentencing) the ‘conviction period’ is a 10 year period ithout ost reoffending. If you reoffend during this ti e, the conviction period restarts. The conviction period does not restart if it results in one of the following outco es: • Your only penalty is a fine of no ore than 10 penalty units • Your only penalty is an order to pay a victi co pensation (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 M r i f r ti Find ore infor ation about hat the pent onvictions ct 2021 eans for you: .justice.vic.gov.au/spent-convictions-act-2021