If you are charged with an offence you should obtain legal advice if you want to enter a plea of guilty. Contact us for a free initial consultation.
New sentencing options came into force in September 2018 that have now amended the Crimes (Sentencing Procedure) Act 1999.
The following sentencing options have now been abolished:
- Home detention under section 6 of the Sentencing Act,
- Intensive correction orders under section 7,
- Community service orders under section 8,
- Good behaviour bonds with criminal convictions under section 9,
- Good behaviour bonds without convictions under section 10 dismissals or conditional release orders, and
- Suspended prison sentences under section 12.
The amendments have created the following categories to be used when sentencing individuals:
- Conditional Release Orders (replacing good behaviour bonds without conviction),
- Community Correction Orders (replacing community service orders and good behaviour bonds with conviction under section 9), and
- Intensive Correction Orders (replacing suspended sentences, home detention orders and existing ICOs)
Conditional Release Order
A Conditional Release Order (CRO) replaces Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999. However, Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 and Section 10A of the Crimes (Sentencing Procedure) Act 1999 will remain, allowing the Court to still order for the relevant charge to be dismissed.
Being sentenced to a CRO means that the standard conditions under Section 98 (2) will be available for a term of up to 2 years.
These conditions are:
- A condition that the offender must not commit any offence.
- A condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.
However, Section 99 (2) enables for additional conditions to be imposed by the Court should they be warranted.
If you are sentenced to a CRO it allows a Court to discharge you without recording a criminal conviction.
Community Correction Order
A Community Corrections Order (CCO) replaces both Community Service Orders and Sections 9 Good Behaviour Bonds.
Being sentenced to a CCO means that the standard conditions under Section 85 (2) will be available for a term of up to 3 years
These Conditions are:
- A condition that the offender must not commit any offence.
- A condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.
However, Section 89 (2) enables for additional conditions to be imposed by the sentencing court.
If you are sentenced to a CCO you are convicted of that offence and you will have a criminal record.
Intensive Corrections Order
A Intensive Corrections Order (ICO) is a prison sentence served in the community whereby the offender has to perform a minimum of 32 hours of community service a month, comply with the relevant conditions ordered by the sentencing judge and be strictly supervised by Community Corrections.
Section 7 of the Crimes (Sentencing Procedure) Act 1999 confirms the following:
- That a court that has sentenced an offender to imprisonment in respect of one or more offences may make an intensive correction order directing that the sentence or sentences be served by way of intensive correction in the community.
- If the court makes an intensive correction order directing that a sentence of imprisonment be served by way of intensive correction in the community, the court is not to set a non-parole period for the sentence.
In order for the Court to impose an ICO it must refer you to Corrective Services for assessment and conclude that the sentence of imprisonment is appropriate when sentencing the offender.
Being sentenced to a ICO means that under Part 5 of the Crimes (Sentencing Procedure) Act 1999 and order can be available for the following terms:
- ICOs will only be available if the duration of the term of imprisonment imposed is two (2) years or below under Section 68 (1).
- ICOs may also be available in respect of an aggregate sentence of imprisonment, but only if the duration does not exceed three (3) years under Section 68 (2).
- Two (2) or more ICOs can be made under Section 68 (3).
Being sentenced to a ICO means that the standard conditions under Section 73 (2) will be imposed.
These Conditions are:
- A condition that the offender must not commit any offence.
- A condition that the offender must submit to supervision by a community corrections officer.
However, Section 73A (1) enables so that at least one additional condition is to be imposed by the sentencing court.
If you are sentenced to a ICO you are convicted of that offence and you will have a criminal record.
As such, it is important to obtain legal advice if you seeking the best result at sentence.
If you are seeking legal advice, contact us for a free initial consultation.