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Failure to Comply with Probation Order

This charge will be laid when it is believed that an individual has failed to comply with one or more of the terms of their probation order.


What You Need To Know:

The offence constitutes a new criminal offence. When prosecuted by indictment the maximum penalty for this offence is two years in jail.

Courts generally take non-compliance quite seriously as they show a lack of respect for court orders.

Failure to Comply With a Probation Order cases are complex and there are hundreds of variables, do not assume that you do not have a defence. Often an experienced criminal lawyer will have huge list of possible legit defences that may allow your case to be dismissed.

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What Happens If You're Convicted?

There can be very serious consequences.

Sentencing options include absolute and conditional discharges, suspended sentences, fines, and a period in custody. A sentence may also include a further term of probation. Depending on the nature of the probation breach it is not unusual for an individual to be sentenced to a period in custody. Being found guilty of failure to comply with probation may make it more difficult for an individual to receive bail in the future as they have shown an unwillingness to respect court orders.

Potential Defence #1:

Failure to Comply

The Crown will need to prove beyond a reasonable doubt that the actions of the Accused did occur and were in contravention of a probation order.

Potential Defence #2:

Subject To Court Order

The Crown must present the original or certified copies of the probation. They must also prove that the person arrested for the breach is the same person who was arrested and placed on probation on the underlying charges.

Potential Defence #3:

Reasonable Excuse

An excuse deemed reasonable by a judge.

What Comes Next?
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