Navigating the intricacies of the legal system can be overwhelming, especially when faced with the prospect of a Community Corrections Order (CCO). At Faraj Defence Lawyers, we have a proven track record of assisting clients in achieving non-convictions across a variety of cases.
This article will be your comprehensive guide delving into the key aspects of a community corrections order including:
What exactly is a community corrections order
The benefits of a community corrections order
Conditions of a community corrections order
What the court considers when granting a community corrections order
Will a section community corrections order appear in a police check or criminal record?
What is a Community Corrections Order (CCO)?
A Community Corrections Order (CCO) is a penalty issued by the court under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 in New South Wales. It serves as an alternative to serious penalties such as imprisonment and typically involves community-based supervision and rehabilitation. CCOs have replaced Good Behaviour Bonds under Section 10(1)(b) as well as Community Service Orders.
The duration of a CCO is determined by the court, usually ranging from 6 months to 2 years. The order entails specific conditions tailored to the individual's circumstances, which may include attending counselling or rehabilitation programs, performing community service, complying with curfews, or abstaining from alcohol or drugs. CCOs aim to promote offender rehabilitation, reduce re-offending, and provide offenders with the opportunity to address underlying issues while remaining in the community under supervision.
What are the benefits of a Community Corrections Order?
A Community Corrections Order (CCO) offers several benefits, making it an attractive option for individuals facing criminal charges. Firstly, it provides an alternative to imprisonment, allowing offenders to remain in the community while paying off their “debt” from their crime.
CCOs offer flexibility in sentencing, as they can be tailored to the individual's circumstances and needs. Additionally, CCOs focus on rehabilitation and reintegration back into the community, aiming to reduce re-offending and promote positive future behavioural change.
What is the process of obtaining a community corrections order?
The process of obtaining a Community Corrections Order (CCO) typically begins with the court considering the suitability of this penalty option during sentencing proceedings. Courts may request pre-sentence reports or assessments from Community Corrections Officers (CCOs) to evaluate the offender's suitability for a CCO.
These assessments involve gathering information about the offender's personal circumstances, criminal history, and the nature of the offence. The CCO assessment helps the court determine whether a CCO is appropriate based on factors such as the offender's willingness to comply with conditions, the likelihood of rehabilitation, and the potential risk to the community. Following the assessment, the court may impose a CCO as part of the sentencing outcome if deemed suitable.
What conditions of a Community Corrections Order?
Section 88 of the Crimes (Sentencing procedure) Act 1999 outline the standard conditions that must be imposed for every given community corrections order.
The section states, “the standard conditions of a community correction order are the following --
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.”
Adherence to the standard conditions outlined in the Crimes (Sentencing Procedure) Act 1999 is crucial for individuals undergoing a CCO, strictly following these conditions are a must in order to present to the court your commitment to rehabilitation and compliance with legal requirements. Additionally, it's important to note that while these conditions are standard, meaning the court can apply further conditions which they believe are necessary.
Can there be additional conditions in a CCO?
Section 89 of the Crimes (Sentencing procedure) Act 1999 outline the additional conditions that can be imposed to any given community corrections order. This can include;
Curfew: Requires being at home during specified hours, usually not exceeding 12 hours in a day.
Community Service: Involves performing community work for a set number of hours, typically up to 500 hours.
Rehabilitation/Treatment: Mandates participation in a program aimed at rehabilitation or receiving treatment.
Abstention: Requires refraining from alcohol, drugs, or both.
Non-association: Prohibits contact with specific individuals designated by the court.
Place Restriction: Restricts visits to certain places or areas.
Supervision: Requires compliance with supervision by designated authorities
Can there be additional conditions in a CCO?
Section 89(3) of the Crimes (Sentencing procedure) Act 1999 outlines the conditions which cannot be imposed in a CCO, this means the court cannot apply these certain conditions as part of your penalty. These prohibited conditions include:
A home detention condition
An electronic monitoring condition, or
A curfew which exceeds 12 hours in any 24 hour period
Can you vary or change the conditions of a CCO?
Yes, conditions of a CCO can be varied or changed under certain circumstances. The process typically involves applying to the court for a variation of the conditions. This may be initiated by the individual subject to the CCO or by their lawyer.
The court will consider the reasons for the requested change and assess whether it is appropriate in the circumstances. It's important to note that while variations can be made to certain conditions, the standard conditions mandated under s88 of the Crimes (Sentencing Procedure) Act must remain in place and cannot be altered by the court.
Community Service Work: CCO Conditions
Community service is one of the most common conditions placed upon Community Corrections Orders (CCOs). To ensure consistency and fairness, the law has established specific hours of community service corresponding to the severity of the offence.
For offences with a maximum penalty of up to 6 months imprisonment: 100 hours of community service work.
For offences with a maximum penalty of between 6 months and 12 months imprisonment: 200 hours of community service work.
For offences with a maximum penalty of more than 12 months imprisonment: 500 hours of community service work.
The minimum period a community service work condition is in force varies based on the specified hours:
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.
What happens if I breach my Community Corrections Order?
Breaching a Community Corrections Order (CCO) can have serious consequences. If an individual fails to comply with the conditions of their CCO, several actions may be taken:
Additional Conditions: The court may add, change, or revoke existing conditions of the CCO.
Revocation of CCO: If the breach is significant or persistent, the court may revoke the CCO entirely.
Resentencing: In the event of a CCO revocation, the individual must be resentenced for the original offence. This could result in a harsher penalty than the initial CCO, such as an intensive corrections order or even imprisonment.
It's crucial to take breaches of a CCO seriously and comply with all conditions to avoid further legal consequences.
What is considered by the court when granting a Community Corrections Order?
The court must first consider section 8 of the Crimes (Sentencing Procedure) Act 1999 to grant a community corrections order.
Community Correction Orders are usually granted as an alternative to a sentence of imprisonment and therefore, is reserved for more serious cases where non-conviction penalties are not suitable.
The court will consider all factors of the case and if satisfied that the threshold for a imprisonment sentence is not crossed, then a Community Corrections Order will be the likely penalty.
For what types of offences can a Community Corrections Order be granted?
Community Corrections Orders (CCOs) are typically granted for a diverse range of criminal offences, spanning from minor infringements to more serious transgressions. The decision to grant a CCO depends on several factors, including the nature of the offence, the individual's criminal history, and their willingness to engage in rehabilitation efforts.
Generally, CCOs are favoured for offenders assessed as posing a low to moderate risk to the community and who demonstrate a genuine commitment to addressing the root causes of their behaviour through community-based interventions. However, each case is unique, and the court determines eligibility for a CCO based on individual circumstances and considerations of justice and public safety.
What offences are not eligible for CCOs?
Certain criminal offences are not eligible for community corrections order, these typically include indictable or serious indictable offences that often include a violent nature. This can account for some common offences such as; sexual assault, armed robbery, manslaughter, assault occasioning grevious bodily harm, and other offences involving significant harm or threat to public safety.
Cases which demonstrate a pattern of repeated criminal behaviour or pose a high risk of reoffending may also be ineligible for a CCO. Additionally, offences that carry mandatory minimum sentences or are subject to specific sentencing guidelines may not qualify for a CCO.
Will a Community Corrections Order show on a police check or a Criminal Record?
If a person is found guilty of an offence and is sentenced to a CCO, this will appear on their criminal record, as a community corrections order is not a non-conviction penalty. This means that this penalty does not have a non-conviction option, meaning if you are convicted of an offence and receive this penalty, you do not have the luxury of being able to walk out the courtroom, criminal-record free. Having a criminal record ultimately means this can show up on police checks.
Case Studies
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A Sydney man, 24 years of age, working a software engineer was charged with film persons private parts without consent – aggravated as girl was 14 years of age. This is an offence that carries a maximum penalty of 5 years imprisonment.
Need advice on whether an CCO is an option for you?
If you're unsure whether a Community Corrections Order (CCO) is a viable option for your case, Faraj Defence Lawyers is here to help. With our extensive experience in navigating the complexities of criminal law, we have successfully assisted numerous clients in attaining CCOs and resolving their legal matters effectively.
Our dedicated team understands the effects a criminal record can have on your personal welfare, employment, and other lifestyle changes which is why we are committed to providing personalised advice and support tailored to your needs for your specific case. Take the first step towards securing a favourable outcome by reaching out to Faraj Defence Lawyers today. Call or email us today for a free consultation at (02) 8896 6034 and af@farajdefencelawyers.com.au, or by booking in a free initial consultation at our Parramatta office.
Learn more about other penalties
If you’d like to learn more about other penalties, we’ve provided a list below which will help give you a comprehensive overview of each penalty:
