Can I be sent to prison for not paying a fine?
- 10.09.2026
I have pleaded guilty to a charge of burglary and I am to be sentenced next month. My lawyer mentioned pre-sentence reports and something about a discount. What can I do beforehand to get the best result?
Before sentencing, the judge may order a pre-sentence report from a probation officer covering your background, risk factors and suitable sentencing options, and a restorative justice conference if you and the victim agree. Under the Sentencing Act 2002, the court will consider the purposes and principles of sentencing, aggravating and mitigating factors, your personal circumstances, and any guilty plea, which usually earns a discount, typically up to a quarter for an early plea. You can improve your position by demonstrating remorse, paying or offering reparation, attending counselling or treatment programmes, maintaining employment and getting references from employers or family. Your lawyer can then make submissions on the appropriate sentence, such as home detention, community work or a fine instead of imprisonment.
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