Understanding the legal intricacies surrounding Conditional Release Orders (CRO) is paramount when navigating the legal system. In certain circumstances, opting for a Section 10 dismissal may be a favourable strategy. At Faraj Defence Lawyers, we have a proven record of assisting clients in achieving non-convictions across various cases. This guide is designed to provide comprehensive insights into CROs including:
What exactly is a conditional release order
Conditions of a conditional release order
Consequences of breaching a conditional release order
What the court considers when granting a CRO
Will a CRO show up on a police check or criminal record
What is a Conditional Release Order (CRO)?
A Conditional Release Order (CRO) is a penalty issued by the court under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999. It serves as an alternative to a conviction, providing individuals with an opportunity to avoid a criminal record. A CRO typically entails specific conditions that must be met by the offender, such as undertaking rehabilitation programs, community service, or refraining from further criminal behaviour.
It effectively replaces the Good Behavior bonds previously established under Section 10(1)(b) of the same Act. The duration of a CRO is determined by the court but usually ranges from six months to two years. Successful completion of the prescribed conditions within the designated time frame results in the discharge of the CRO without further penalty.
What is a Conditional Release Order without conviction?
Conditional Release Orders (CROs) are usually granted with a conviction, meaning they appear on an individual's police record. However, in some cases, particularly for minor offences or where the court deems it appropriate, CROs can be granted without a conviction.
This distinction is crucial, as a CRO without a conviction means that the offence does not show up on the individual's police record, offering a more favourable outcome in terms of future employment or background checks. For further insights into non-conviction outcomes and Section 10 penalties, we encourage you to explore our detailed guide on Section 10 Dismissals.
What are the benefits of a Conditional Release Order?
A Conditional Release Order (CRO) offers several benefits, making it an popular option for individuals facing criminal charges. Firstly, it provides an opportunity to avoid a formal conviction, thus preserving one's clean record and mitigating the long-term consequences on employment prospects and personal reputation.
Additionally, a CRO allows individuals to fulfil specific conditions set by the court, such as undertaking rehabilitation programs or community service, enabling them to address underlying issues and rehabilitate without a conviction. Ultimately, a CRO offers a second chance for offenders to demonstrate accountability and make positive changes in their lives.
What conditions of a Conditional Release Order?
When issued a Conditional Release Order (CRO), whether accompanied by a conviction or not, individuals are required to adhere to specific conditions set forth by the court. These conditions, known as 'standard conditions,' are applicable to all CRO’s, and outline the expectations placed upon the individual during the term of the order. That includes:
Refraining from committing any other offences
Attend court if summoned by the court at any point during the order duration
Can there be additional conditions in a CRO?
Additional conditions can indeed be imposed in a Conditional Release Order (CRO), either at the time of sentencing or later on by the court. These conditions are tailored to the individual's circumstances and the nature of the offence. Some common additional conditions include:
Rehabilitation or Treatment: Requiring participation in rehabilitation programs or receiving treatment.
Abstention: Mandating abstention from alcohol and/or drugs.
Non-association: Prohibiting association with specific individuals.
Place Restriction: Restricting visits to certain places or areas.
Supervision: Requiring supervision by a community corrections officer, or by a juvenile justice officer if the offender was under 18 years old at the time of imposition.
What conditions can’t be imposed in a CRO?
While Conditional Release Orders (CROs) may include specific conditions tailored to individual circumstances, there are limitations on what conditions can be imposed. Certain conditions must not be included in a CRO. These include:
A fine
Home detention
Electronic monitoring
A curfew
Community service work
What happens if I breached my Conditional Release Order?
Breaching a Conditional Release Order (CRO) can have serious consequences. If an individual fails to comply with the conditions of their CRO, several actions may be taken:
Additional Conditions: The court may add, change, or revoke existing conditions of the CRO.
Revocation of CRO: If the breach is significant or persistent, the court may revoke the CRO entirely.
Resentencing: In the event of a CRO revocation, the individual must be resentenced for the original offence. This could result in a harsher penalty than the initial CRO.
It's crucial to take breaches of a CRO seriously and comply with all conditions to avoid further legal consequences.
What is considered by the court when granting a Conditional Release Order?
When considering whether to grant a Conditional Release Order (CRO), the court evaluates various factors outlined in Section 9(2) of the Crimes (Sentencing Procedure) Act (1999). These factors include:
The person's character, antecedents, age, health and mental condition
The trivial nature of the offence
The extenuating circumstances in which the offence was committed
Any other matter that the court thinks proper to consider
The court considers any other relevant factors deemed appropriate to the case. The primary objective is to have a balance between holding the individual accountable for their actions and providing opportunities for rehabilitation. This ensures that the decision to impose a Conditional Release Order (CRO) aligns with principles of justice making sure you receive the most favourable outcome in your case.
For what types of offences can a Conditional release order be granted?
Conditional Release Orders (CROs) are typically granted for a wide range of summary offences, usually being of non-violent or less serious nature. These may include minor drug possession, theft, property damage, public order offences, and certain traffic offences. Offences that do not pose a significant risk to public safety or involve violence are more likely to be considered for a CRO.
Additionally, the court may grant a CRO for first-time offenders or individuals with mitigating circumstances, such as mental health issues or substance abuse problems. However, the eligibility for a CRO ultimately depends on the specific circumstances of each case and the discretion of the court.
What offences are not eligible for CROs?
Certain criminal offences are not eligible for Conditional Release Orders, 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 CRO. Additionally, offences that carry mandatory minimum sentences or are subject to specific sentencing guidelines may not qualify for a CRO. Again, this is all at the courts discretion, depending on a case to case basis, where even if you might meet the requirements for a CRO the decision is up to the judge, emphasising the importance of having a criminal defence lawyer helping you achieve the best outcome possible
Will a Conditional Release Order show on a police check?
Depending on your conditional release order, if you receive a CRO with non-conviction you ultimately have no criminal record meaning this will not be disclosed on standard police checks. However, general CROs do show up on background checks and show the offence for which you received this penalty for, as many CROs can be a conviction type of penalty.
Case Studies
MAN AVOIDS JAIL FOR HIGH SPEED POLICE PURSUIT IN WESTERN SYDNEY
Our client, a 28 year old man from Western Sydney, has avoided jail for serious charges of a high speed police pursuit whereby he successfully evaded police.
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TWO MEN AVOID JAIL TIME FOR SERIOUS CHARGES OF ASSAULT OCCASIONING ACTUAL BODILY HARM IN COMPANY IN SYDNEY
Two men have avoided serious jail time for offences of assault occasioning actual bodily harm in Lidcombe On 17 June 2023.
Need advice on whether an CRO is an option for you?
If you're unsure whether a Conditional Release Order (CRO) 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 CROs 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:
Intensive Correction Orders
Community Correction Orders
Full-time imprisonment
