In late 2018, the penalties able to be imposed by the Local Court of NSW changed. When a party pleads guilty to an offence, the Court has a number of options with respect of a penalty. Below we broadly outline the options and their effect.
Condition Release Order
Previously known as the Section 10(1)(b) a Condition Release Order (or a CRO) is an Order of the Court. It means that a person who has plead guilty can avoid a harsh penalty or criminal conviction on the grounds that they comply with the conditions of the order.
The Court can apply conditions such as being of good behaviour, participate in rehabilitation programs or engage with community corrections.
Community Corrections Order
A Community Corrections Order, or CCO, is the Courts ability to provide a punishment to offenders without providing a term of imprisonment or Intensive Corrections Order.
The benefit of a CCO is their flexibility, the Court can tailor the Order to suit the circumstances of the offender and the offence itself. This can be from an Order for community service to a curfew or engagement with community corrections.
Intensive Corrections Order
An Intensive Corrections Order, or ICO, is a term of imprisonment that is served in the community. An ICO is the most serious sentence that an offender can serve in the community. They are not available to serious offences such as murder, manslaughter or sexual offences.
The Court can add conditions such as home detention, electronic monitoring, curfews, drug and alcohol bans. Where an ICO is ordered, the offender is to engage with corrections on an ongoing basis. If there is a breach, community corrections can take action in real time.
If you have any questions with respect of sentencing or need assistance with a criminal matter, contact us today.
Written by Lauren Hitchen