Am I able to convert my remaining periodic detention hours to a fine?

Yes you may be able to, but it depends on the circumstances of your case.

Periodic detention is now known as community work. To ask the Court to cancel a community work sentence and impose a fine, you need to show that either:

- there has been a change of circumstances since sentencing and that change would justify cancelling the community work sentence; or

- considering that your circumstances have changed, and that you have responded well to the sentence so far, the continuation of the community work is no longer necessary in the interests of either you or the community.

Only a Judge can decide whether to grant your request. A Judge has the power to cancel a sentence of community work and substitute any other sentence that could have been imposed on you at the time you were convicted of the offence for which the community work was imposed.

When considering whether to substitute a fine for community work a Judge must take into account the portion of the original sentence that remains outstanding at the time of the order.

The judge's decision will depend on your own circumstances and the offences for which you were sentenced, as well as the reasons for wanting to substitute the sentence. It is important to know that community work is the next step above a fine in the sentencing hierarchy in terms of seriousness, so you will need to be prepared to show why a fine (a lower sentence) is now more appropriate.

A duty lawyer can assist you with this or you may want to get your own lawyer to help.

Answered 21 Mar 2013. The IMPORTANT NOTICE below is part of this answer.