Last updated 23 September 2024

The Criminal Code Act 1899 (Qld) and other Queensland legislation set out the maximum penalties that may be imposed upon people convicted of particular criminal offences. In most cases those maximum penalties are expressed as a term of imprisonment, however, in most cases lesser penalties (e.g. shorter periods of imprisonment or another form of penalty) will be imposed. One notable exception to that rule is where an offender is convicted of murder, in which case the maximum sentence—life imprisonment—is mandatory. In every other case, it is rare for a person to be given the maximum sentence, which is generally reserved for the very worst offenders who commit offences in the very worst circumstances.

If the court imposes a sentence of imprisonment, then it must record a conviction (s 152 Penalties and Sentences Act 1992 (Qld (Penalties and Sentences Act)).

If the court sentences an offender to a term of imprisonment of three years or less for an offence that is not a serious violent offence or a sexual offence, then it must fix a parole release date (s 160B Penalties and Sentences Act). On the parole release date, the offender will be released from custody and the balance of the period of imprisonment will be served by the offender in the community under supervision on parole.

Where an offender is sentenced to a term of imprisonment of more than three years for an offence that is not a serious violent offence or a sexual offence, or any period of imprisonment for an offence that is a serious violent offence or sexual offence, the court may fix the date the offender is eligible to apply for parole (ss 160C and 160D Penalties and Sentences Act). The parole eligibility date marks the date that the offender will be able to apply for parole, but whether the application is ultimately successful will be determined by the Parole Board.

As discussed above, in the case of a serious violent offence, the parole eligibility date cannot be earlier than the lesser of 80% of the offender’s term of imprisonment or 15 years from the date of sentence.

Life imprisonment

When an offender is sentenced to life imprisonment, the period of imprisonment that is actually served by the offender in custody is determined by the Parole Board, which has the power to approve or reject applications for parole. In general, an offender sentenced to life imprisonment must serve at least 15 years of their term of imprisonment (or 20, 25 or 30 years for certain murder convictions) before being eligible to apply for parole. Whether or not an offender is released on parole is a decision for the Parole Board, not the courts.

Parole

When a prisoner is granted early release from prison, they are allowed to serve the remainder of their sentence of imprisonment on parole in the community under supervision. For further information on parole see the chapter on Prisons and Prisoners.

Indefinite sentences

Schedule 2 of the Penalties and Sentences Act include a wide range of serious violent and sexual offences.

If an offender is convicted of an offence listed in sch 2 and the court considers that the offender is a ‘serious danger to the community’ then, instead of imposing a fixed term of imprisonment, the court may impose an indefinite sentence (pt 10 Penalties and Sentences Act). This means that, although a nominal term of imprisonment will be specified, the prisoner will be held in custody indefinitely and can only be released by court order as a result of a periodic review of the prisoner’s circumstances.

An indefinite sentence can only be imposed if the court is satisfied that the offender is a serious danger to the community because of the offender’s antecedents, character, age, health and mental condition, the severity of the violent offence and any other special circumstances. In determining whether an offender is a serious danger to the community, the court must consider whether the nature of the offence is exceptional, any medical, psychiatric, prison or other relevant report in relation to the offender, the risk of serious harm to members of the community if the indefinite sentence were not imposed, and the need to protect members of the community from that risk.

When imposing an indefinite sentence, the court must state in its order the term of imprisonment that it would have imposed had it not imposed an indefinite sentence. This ‘nominal sentence’ is relevant to the timing of the reviews of the indefinite sentence and any future discharge of the order (s 171 Penalties and Sentences Act).

Suspended sentences

A suspended sentence of imprisonment is imposed when a court sentences an offender to a term of imprisonment and then suspends the whole or part of the sentence. This means that the offender serves either no actual imprisonment or only part of the term of imprisonment.

Sentences of imprisonment for five years or less may be suspended (s 144 Penalties and Sentences Act). When imposing a suspended sentence, the court must also set an ‘operational period’ of five years or less. If the offender commits another offence punishable by imprisonment during the operational period, then the court must order the offender to serve the whole of the suspended period of imprisonment unless the court is of the opinion that it would be unjust to do so (e.g. because the subsequent offence was of a less serious nature, or because the court is satisfied that the offender has made a genuine effort at rehabilitation since the original sentence was imposed) (s 147 Penalties and Sentences Act). If the court does not order that the offender serve the whole of the suspended period, it may order that part of that period be served, or (in certain circumstances) extend the operational period. If the court does order that the offender be required to serve either the whole or part of the suspended period, then that imprisonment must be served immediately and concurrently with any other term of imprisonment that may be imposed on the offender by the court.

Parole does not apply to suspended sentences unless the whole sentence is later activated through the commission of a further offence within the operational period. If an offender is convicted of a further offence within the operational period and is required to serve the whole of the relevant sentence, then the same general rules as to eligibility for parole apply to the sentence as if it had not been suspended.

If the court imposes a suspended sentence of imprisonment, then it must record a conviction (s 143 Penalties and Sentences Act).