Conditional Corrections Orders (CCO's)

On 24 September 2018, community correction orders replaced good behaviour bonds under section 9 of the Crimes (Sentencing Procedure) Act 1999 and community service orders.
 

A community correction order can be thought of as a type of good behaviour bond with conditions, and is imposed in lieu of a prison sentence in New South Wales.

What conditions can a Court place on a Conditional Release Order?

 

Community correction orders must contain the following ‘standard’ conditions:
 

• The defendant must not commit any further offences; and

• The defendant must attend court if called upon to do so.

A person will normally only be called to attend court if he or she breaches a condition of the order.

A court may also order that the defendant:
 

• Be subject to a curfew not exceeding 12 hours in any 24 hour period;

• Undertake community service work of up to 500 hours;

• Participate in a rehabilitation program or receive treatment;

• Abstain from alcohol and/or drugs;

• Not associate with a particular person/s;

• Not enter or frequent a particular place or area; and

• Be supervised by community correction or, if under 18, by a juvenile justice officer.

A court cannot order community service unless it has obtained an assessment report regarding such a condition.

A court cannot order a CCO for a domestic violence offence unless it has considered the safety of the complainant.

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Importantly, the court can limit the period that any additional condition applies; so, for example, a 3 year CCO may contain a curfew that lasts for only 3 months.

The following conditions cannot be included in a CCO:

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• Home detention;

• Electronic monitoring; or

• Curfew of more than 12 hours in any 24 hour period.

Can the conditions of a Community Corrections Order be changed?

The defendant or a community corrections officer can apply to a court to revoke, amend or add conditions to a CRO at any time after it is ordered.

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However, the standard conditions must remain in place.

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A community correction officer can suspend the supervision requirement or any curfew, non-association or place restriction conditions, whether unconditionally or subject to conditions.

How long can a Community Corrections Order last?

 

The period of time a Judge or Magistrate can require you to comply with a community correction order is up to a maximum term of 3 years.

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It usually depends on the case, but a court would normally impose a CCO order for between 1 to 2 years.

What happens if I breach a Community Corrections Order?

 

The court can call on you to attend court if it suspects that you failed to comply with any of the conditions.
 

If you fail to then appear in court, the court can issue a warrant to have you arrested to be brought to court in respect to the suspected breach.
 

If the court is satisfied that you breached a condition of a community correction order, the court can do any one of the following:
 

• Take no action at all; or

• Change or revoke any of the additional conditions or add further additional conditions; or

• Revoke the community corrections order. This means the court can reopen the original offence and sentence you again. See below for further details on what happens if it gets revoked.

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Can a Conditional Release Order Condition be Suspended?

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A community corrections officer has the discretion to suspend the supervision condition for a period or for an indefinite period of time.

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A community corrections officer can also suspend any non-association conditions of the order for a period of time at his/her discretion.

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Any suspension made, can be with or without conditions by the community corrections officer.

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What Happens if a Community Correction Order Gets Revoked?

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If your community correction order gets revoked by the Court after breaching it, the court can re-sentence you for the offence you initially got the community correction order for.
 

The court re-sentencing you after revoking the CCO can impose the same sentence with the same or additional conditions on you, or it may give you a harsher penalty sentence, such as an intensive correction order (ICO) or full time prison. Which one of these you get will ultimately depend on how you prepare your sentence.

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Can I get a Community Correction Order for a Domestic Violence Offence?

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Before the Court can impose a CCO order on you, the safety of the victim must first be considered by the Magistrate or Judge if the offence was a domestic violence offence.

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If you are going to court and would like to arrange a free conference to discuss your options and the best way forward, call us today on 0410 600 230.

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