On 24 September 2018 the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced which abolished community service orders (CSO).
Prior to 24 September 2018, a court could sentence an offender convicted of a crime to a CSO under Section 8 of the Crimes (Sentencing Procedure) Act 1999. Section 8 was then amended and the courts power to impose a CSO was replaced with the power to make a community correction order (CCO).
This means existing CSO’s have been converted into CCO’s. If you are convicted of an offence and sentenced to a CCO, this will appear on your criminal record.
Section 8 of the Crimes (Sentencing Procedure) Act gives a sentencing court the power to make a CCO instead of imposing a sentence of imprisonment on a convicted person.
Community Correction Orders
Part 7 of the Crimes (Sentencing Procedure) Act provides for sentencing procedures for community correction orders. Under this Part, an offender sentenced to a CCO must:
Under s 89 of the Crimes (Sentencing Procedure) Act the court may impose additional conditions on a community correction order. The additional conditions of a CCO which may be imposed are:
In other words, a court may impose a condition as part of a CCO that you must:
A court cannot however impose any of the following additional conditions as part of a CCO:
Further, if the offender is not present during sentencing, the Local Court cannot impose a CCO. A court cannot impose a CCO for a period of more than 3 years.
If the court suspects that an offender may have failed to comply with any conditions of a CCO, the court may:
If you are being sentenced for an offence, it is essential to seek advice from an experienced criminal defence lawyer.
If a court finds that you have breached a CCO, it may revoke the CCO and re-sentence you for the original offence. Courts consider the breach of a CCO to be extremely serious and a person who is found to have breached a CCO may be sent to prison.
For more information on sentencing, community corrections orders or to speak with a criminal defence lawyer, call George Sten & Co Criminal Lawyers. We are available 24 hours a day and can be contacted on (02) 9261 8640 or 0412 423 569.