This article aims to educate you on everything you need to know about ICOs including their definition, eligibility criteria to the conditions and requirements attached to them. Our experienced team is here to guide you every step of the way throughout your legal processes

• What are intensive correction orders

• Eligibility of Intensive Correction orders

• Conditions and requirements of intensive correction orders

• Consequences of breaching an ICO

• Modifying, appealing and revoking intensive correction orders

What are Intensive Correction Orders?

Intensive Correction Orders (ICOs) provide an alternative to full-time imprisonment. An ICO is considered a sentence of imprisonment where you receive a criminal conviction but remain in the community under conditions, rather than going to prison. Despite being the most severe non-jail penalty, ICOs prioritise community-based rehabilitation and supervision, allowing you to serve your sentence within the community rather than in correctional facilities. 

ICO duration typically span from several months to a few years, varying based on the offence’s severity and individual circumstances. Under an ICO you will remain in the community with conditions and supervision by a community corrections officer.

Eligibility and Restrictions

Am I Eligible for an Intensive Correction Order?

To be eligible for an ICO, you must meet a certain criteria which includes legal aspects such as the severity of the offence, and sentencing guidelines and personal aspects such as your readiness for rehabilitation. 

The Two-Year Rule

This rule dedicates that for a single offence, eligibility for an intensive correction order is contingent upon the court’s decision to impose a term of imprisonment of two years or less. This means if the court gives you a term of imprisonment for over 2 years, you will not be able to get an ICO. Therefore, it is important to try to ask the court to impose a sentence of less than 2 years imprisonment so that you are eligible for an ICO.

In cases where you have been sentences for multiple offences, the court can impose an intensive corrections order if the term of imprisonment is less than 3 years.

Age Requirements

Offenders must be over the age of 18 years old at the time of sentencing to be eligible for an ICO. 

Additionally, you must consent to comply with the obligations associated with an ICO, this may include regular reporting to a correctional officer, participating in treatment programs, and adhering to curfew conditions.  Failure to meet these obligations can result in consequences such as revocation of the ICO and imprisonment.

Court considerations & Community Safety

The court’s primary concern is safety when determining eligibility for an ICO; therefore, an ICO will only be granted if the court believes it is more effective than imprisonment in addressing your risk of reoffending. 

The court may view an ICO as preferable to full-time imprisonment when community-based rehabilitation is available to address the specific factors that contributed to the offence. For example, if stand abuse was an aggravating factor in the offence, the court may require you to undergo community-based treatment such as alcohol counselling as a condition of your ICO.

Offences Not Eligible for ICOs

Below are a list of offences that are not eligible for the penalty of ICOs:

• Murder or manslaughter,

• Any ‘prescribed sexual offence’, including child sex offences.

• Terrorism offences

• Offences involving the discharge of a firearm, or

• Any offences that include an intention, attempt, conspiracy or incitement to commit any of the above offences.

These exclusions are based on the severity and nature of the offences. These offences are considered highly detrimental to the safety of the public and will often carry significant penalties such as imprisonment. Due to the seriousness of these offences, alternative sentencing options such as ICOs are not considered appropriate. 

Understanding ICO Conditions and Requirements

Offences Not Eligible for ICOs

When being issued with an ICO, the following mandatory conditions will be imposed on you: 

• You must not commit a further offence during the term of the order

• You must comply with being supervised by a community correction officer.

Additional conditions that may be included in an ICO

In additional to the above, the court may also impose any of the following additional conditions:

• A home detention condition,

• An electronic monitoring condition,

• A curfew condition imposing a specified curfew,

• A community service work condition requires the performance of community service work for a specified number of hours (not exceeding 750 hours),

• A rehabilitation or treatment condition requiring you to participate in a rehabilitation program or to receive treatment,

• An abstention condition requiring abstention from alcohol or drugs or both,

• A non-association condition prohibiting association with particular persons,

• A place restriction condition prohibiting the frequenting of or visits to a particular place or area.

Curfews under an ICO

Curfews under an ICO entail specific requirements regarding you movements and activities during designated hours. If you are subject to curfew conditions you must adhere strictly to the specified timeframes, typically remaining at an elected place of residence or within an approved premises during the designated curfew hours. 

Community Service under an ICO

Community service under an ICO involves completing a specified number of hours of unpaid work within the community as part of your sentence. The time of required community service hours is often determined based on the length of the prison to that would have been imposed if you had received full-time imprisonment.

Community Service serves as a means to give back to the community while also allowing for rehabilitation.

Rehabilitation programs under an ICO

Under an ICO rehabilitation programs encompass various interventions aimed at addressing the factors which contributed to the offence you committed. These programs are tailoured to your specific needs and can include: Substance abuse treatment, Cognitive-behavioural therapy and mental health support. 

These rehabilitation programs are aimed at promoting long-term positive change and fostering reintegration into society. Participation in these programs is typically mandatory as part of the ICO conditions, and failure to comply may result in penalties

What happens when you breach an ICO?

Under section 163 of the Crimes Act 1999 NSW, a community corrections officer can impose any of the following if you fail to comply with the conditions of your ICO:

• Record the breach and take not further action 

• Give you an informal warning

• Give, or arrange to give you a formal warning that further breaches will result in referral to the Parole Authority

• Give you reasonable direction relating to the kind of behaviour by the offender that caused the breach 

• Impose a curfew on you of up to 12 hours in any 24 period. 

Under section 164 of the Crimes ACT 1999 NSW, the Parole Authority can impose any of the following if it believes you’ve breached a condition of an ICO: 

• Record the breach and take not further action 

• Give you an informal warning

• Impose any conditions on the ICO 

• Vary or revoke any conditions of the intensive correction order, including conditions imposed by the sentencing court

• Make an order revoking the intensive correction order

What must the prosecution prove?

How do you modify the conditions of an ICO?

The conditions of an Intensive Correction Order can be modified under certain circumstances, such as if your circumstances change or if there are compelling reasons to adjust the conditions to better suit your rehabilitation. Upon receiving a modification request, the court will consider factors such as your progress, compliance with the order and any new information presented.

The Parole authority monitors your compliance and progress throughout the order’s duration and ensures the conditions set by the court are adhered to. The Parole Authority can modify or eliminate specific ICO conditions based on an application from a community correction officer. However, conditions such as home detention or community service will require an assessment report’s approval prior to making the modification.

When does an ICO get revoked?

The revocation of an ICO in NSW will usually occur if you fail to comply with the conditions of the order. When deciding to revoke the order, the court will assess whether your behaviour poses a risk to community safety, if the breach indicated a heightened risk of reoffending or harm to other, revocation may be likely.

An investigation must be completed when a breach is suspected. This may involve gathering evidence, interviewing parties, and assessing the circumstances surrounding the alleged breach. If the investigations confirm a breach, you will be notified of the allegations and the intention to initiate revocation of the ICO proceedings. You will be informed of your rights and given an opportunity to respond to the allegations. A revocation hearing will be scheduled before the court and yourself and the prosecution will present arguments and evidence. 

If the court determines that revocation is appropriate, the consequence will involve you serving the remainder of your sentence in prison, meaning that any time left on the ICO will be replaced by imprisonment. This effectively terminates the opportunity for community-based rehabilitation and supervision.

How to appeal a revocation of an ICO

Appealing a decision to revoke an ICO is a formal legal process, before initiating the appeal process, it is necessary to know the grounds on which you can appeal the revocation decision. Usually, grounds for an appeal may include errors in facts, interpretation or misapplication of the law by the court. When grounds for the appeal have been established a notice of appeal is filed with the appellate court. This document notifies the court of your intention to appeal, this notice must be filed within the specified time frame. 

Once the notice of appeal is filed, a lawyer will assist you in preparing the necessary appeal documents, this may include submissions, evidence and legal arguments. Throughout the appeal both parties will have the opportunity to address the issues and raise their case. After considering the arguments the court will deliver judgement on the appeal.

Will an ICO show up on my criminal record?

An ICO is imposed by a court as a sentencing measure if you have been convicted of a criminal offence. When you are found guilty of committing an offence and sentenced to an ICO, it is considered a criminal conviction you have been found guilty of committing a criminal offence. Similar to other criminal convictions, an ICO will appear on your criminal record. 

This record is maintained by law enforcement and may be accessed by employers, government agencies, and other authorised entities for various purposes such as background check and employment screenings.

Case Studies and Outcomes

A SYDNEY BUILDER AVOIDS JAIL FOR THIRD CHARGE OF ASSAULT OCCASIONING ACTUAL BODILY HARM RESULTING IN SEVERE INJURIES 

Our client, a 28-year-old man from Western Sydney with a concerning criminal history, was charged with assault occasioning actual bodily harm whereby he struck someone in a nightclub after his girlfriend was touched without her consent by the complainant. 

CCTV footage captured the incident whereby our client stepped in to defend his partner however, caused severe injury to the complainant which was not deemed proportionate to the defence of self-defence of another. 

Our client was on court bonds and had an extensive criminal history whereby prosecutors were requesting a jail sentence. 

At sentence, several factors were raised to the court on behalf of our client including but not limited to:

• Age

• Extenuating circumstances of the offence 

• Factors that affected his decision-making ability 

• The impulsiveness of the offence 

• The impulsiveness of the offence 

• Risk of reoffending 

The court ultimately agreed in the circumstances that an Intensive Corrections Order was suitable as opposed to a sentence of full-time imprisonment. 

Need advice on whether an ICO is an option for you?

Faraj Defence Lawyers can provide expert legal advice and representation to help you navigate your driving while suspended charge. When defending against this offence, you have two primary options: plead guilty or not guilty. We will discuss the specifics of your case, explain the potential consequences of each option, and develop a tailoured defence strategy. 

Assisting you if you decide to plead not guilty

If you have further enquired about an ICO, or sentencing options, Faraj Defence Lawyers are here to assist you. With our extensive experience in handling ICO cases, we can provide you with knowledgeable advice and support tailored to your specific situation. 

Our team is dedicated to advocating for our client’s best interests and ensuring that you receive the guidance you need to make informed decisions about your legal matters. Don’t hesitate to reach out to us and schedule a free initial consultation by calling us at (02) 8896 6034 or emailing us at legal@farajdefencelawyers.com.au 

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:

• Section 10 Dismissals

• Community Correction Orders

• Conditional Release Orders

• Fines

• Full-time imprisonment