Written by Paul Crean, Senior Associate

The sentencing laws for courts dealing with offenders in New South Wales were overhauled in September 2018. The overall objective in the reforms was to ensure community safety by properly holding offenders to account and to assist in the problem of re-offending.

 

Summary Of The Changes To Sentencing

  • Suspended Sentences have been abolished
  • The Intensive Correction Order (ICO) provisions have significantly changed. The courts now have greater flexibility to add additional conditions such as home detention and electric monitoring
  • Courts are to be equipped with better information about offenders at the time of sentencing
  • There is now a presumption that Domestic Violence Offenders are to receive a supervised community based sentenced or are to be imprisoned (unless the court has clear reasons why another sentence is more appropriate)

 

The New Sentencing Scheme In Practice

Conditional Release Order (CRO)

CRO’s have been introduced and replaced good behaviour bonds which were previously dealt with under a Section 9 or Section 10 (1)(b) the Crimes (Sentencing Procedure Act) 1990. A CRO must include two (2) standard conditions and a court may add additional and further conditions. The CRO cannot exceed two (2) years.

The two (2) standard conditions are:

  • The offender must not commit any offence during the period of the order; and
  • The offender must appear before the court if called to do so at any time during the order.

In regard to Domestic Violence Offenders, CRO’s can only be used if the order includes a supervision condition and the court has considered the safety of any victim of the offence(s).

 

Community Corrections Order (CCO)

For more serious offences, the courts can sentence by way of Community Correction Orders (CCOs). These are seen as a more flexible order and an alternative to custody with the idea that offenders can receive supervision to tackle their offending behaviour.

Similar to CRO’s, CCO’s must include two (2) standard conditions and may be subject to additional and/or further conditions. The two (2) standard conditions are:

  • The offender must not commit any offence during the period of the order; and
  • The offender must appear before the court if called to do so at any time during the order.

They cannot exceed three (3) years. Again, in relation to Domestic Violence Offenders, can only be made if the order includes a supervision condition and the court has considered the safety of any victim of the offences.

 

Intensive Correction Order (ICO)

If court sentences an offender to imprisonment the court may order that the sentence be served in the community by way of Intensive Correction Order (ICO).

The amendments to the ICO provisions provide the court with further discretion to tailor particular conditions of the ICO to the individual offender. The ICO is subject to two (2) standard conditions and the court must impose at least one (1) additional condition (which may include home detention).

Importantly, ICO’s are not available for offenders that have been convicted of (including but not limited to the following):

  • Murder or Manslaughter
  • Prescribed Sexual Offence
  • Discharge of a firearm
  • Terrorism offences
  • Breaches of serious crime prevention or breaches of public safety order.

In relation to domestic violence offences, the court must not impose an ICO unless it is satisfied that the victim of the domestic violence offence and any other person whom the offender is likely to reside will be adequately protected.

Further, if court finds a person guilty of a Domestic Violence Offence, the court must not impose home detention condition if the court believes the offender will reside with the victim.

Should you have any comments on the changes to the Sentencing Regime, please do not hesitate to contact the team at UWE.