Community Corrections Order
Community correction orders (CCOs) were introduced as a sentencing option following the commencement of the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 on 24 September 2018.
A ‘community corrections order’ is a type of sentence that imposes standard conditions on an offender. However, the Court can also impose additional conditions to make the sentence more severe. These conditions will depend on the offender’s rehabilitation needs.
The Court has the power to impose a Community Corrections Order on you at sentencing pursuant to the sentencing act.
What is a Community Corrections Order?
Section 8 Crimes (Sentencing Procedure) Act empowers a court which has convicted an offender to make a CCO instead of imposing a sentence of imprisonment. A CCO is defined in s 3(1) to mean an order referred to in s 8 of the sentencing act. A conviction must be formally recorded before a CCO can be made.
The ‘community corrections order’ (CCO) replaces the ‘section 9 bond’ and ‘community service order’. A CCO results in a conviction with conditions an offender must follow. The section 9 bond was an option under the Crimes (Sentencing Procedure) Act 1999 (NSW), with a condition of a good behaviour bond for a certain time, such as 2 years, and consequences for a breach.
A community corrections order is a more serious type of penalty than a Conditional Release Order. However, it is more lenient than an ‘intensive corrections order’. A CCO cannot exceed 3 years and commences on the date it is made.
Conditions of a Community Corrections Order in NSW
The standard conditions of a Community Correction Orders order are the following:
- The condition that you must not commit any offence and be of good behaviour,
- The condition that you must appear before the court if called on to do so at any time during the term of the community correction order.
Additional conditions that the Court can impose on an offender are the following:
- Supervision condition requiring you to submit to supervision:
- Community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 hours),
- Curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours).
- Rehabilitation or treatment condition requiring you to participate in a rehabilitation program or to receive treatment,
- Abstention condition requiring abstention from alcohol or drugs or both.
- Non-association condition prohibiting association with particular persons.
- Place restriction condition prohibiting the frequenting of or visits to a particular place or area.
In addition to this, Clause 14(1) Crimes (Sentencing Procedure) Regulation 2017 provides that the following are the maximum number of hours for community service work when it is a condition of a CCO:
- 100 hours — for offences with a maximum penalty of up to 6 months imprisonment
- 200 hours — for offences with a maximum penalty of between 6 months and 12 months imprisonment
- 500 hours — for offences with a maximum penalty of more than 12 months imprisonment.
The minimum period a community service work condition is in force is associated with the specified hours. Clause 14(2) Crimes (Sentencing Procedure) Regulation prescribes the minimum periods as follows:
- 6 months — for up to 100 hours
- 12 months — for hours exceeding 100 hours but not exceeding 300 hours
- 18 months — for hours exceeding 300 hours but not exceeding 500 hours.
However, electronic monitoring, home detention and curfew of more than 12 hours in any 24 hour period cannot be imposed by the Court.
Is a Community Corrections Order a Conviction?
A CCO is a criminal conviction. The Court cannot make an order for a CCO without recording a conviction against you. A non conviction sentence are s10s and Conditional Release Orders’ without conviction.
Can you Travel Overseas on Community Corrections Order?
Yes you can travel whilst on a community corrections order. However, the travel cannot breach any of your conditions of the CCO.
If you have received an Intensive Corrections Order (ICO) and wish to travel overseas you must first make a Travel Overseas Application to the State Parole Authority for permission.
In all cases, the State Parole Authority will need to have obtain a report from Community Corrections or your community corrections officer.
What happens if you Breach a Community Corrections Order?
Failing to follow a community corrections order can result in the court requiring you to appear. If you do not show up, a warrant may be issued allowing police to locate and arrest you to bring you to court for a possible breach.
If a Court is satisfied that you breached a condition or conditions of the Community Corrections Order, any one of the following could occur:
- The previous CCO is revoked. This means that the Judge or Magistrate will give you a fresh new sentence by imposing any one of the penalties. The new penalty will more likely be harsher than the last one. It can include the same CCO with further conditions, or the imposition of an ‘intensive corrections order’ or even a term of full-time imprisonment.
- Without revoking your CCO, the Court can change the conditions of it by adding further additional conditions.
- No Action. The Court can decide not to take any action in which case nothing further happens against you. This will largely depend on how serious the breach was, and your position and reason for committing the breach.
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At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
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Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
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Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
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