Conditional Release Orders

Conditional release orders are created by way of s 9 Crimes (Sentencing Procedure) Act. If a court imposes a CRO, you are discharged by the court with no conviction recorded. Once the order expires, you will not have a criminal record (as a result of the CRO alone).

There are two standard conditions which, are imposed by a conditional release order (s 98):

• That the offender must not commit any offence
• That the offender must appear before the court if called on to do so at any time during the term of the conditional release order

In addition to the above standard conditions, a court may also impose any of the following:

• A rehabilitation or treatment condition
• An abstention condition requiring abstention from drugs or alcohol
• A non-association condition
• A place restriction condition
• A supervision condition requiring the offender to submit to supervision by a community corrections officer or if the offender was under the age of 18 years when the condition was imposed, by a juvenile justice officer until the offender has reached that age.

Under s 95 the maximum term of a conditional release order, whether or not a conviction is recorded, is 2 years.

If an offender contravenes a non-association or place restriction order, this may result in a penalty of 10 penalty units ($1,100.00) or imprisonment for 6 months, or both (s 100E).

Under s 99 (3) there are certain conditions which a court cannot impose on a CRO, they are:

• A home detention condition
• An electronic monitoring condition
• A curfew condition
• A community service work condition

Sentencing is a complex area of law and to determine the appropriate sentence to impose on an offender, a court will take into consideration several factors. This will include:

• Whether it is the first offence committed by the offender
• The mental condition of the offender
• The seriousness of the offence
• Whether deterrence should be reflected
• The offenders age
• The offenders antecedents

Section 10 (1) (b) Good Behaviour Bonds replaced with Conditional Release Orders

Prior to 24 September 2018, under the Crimes (Sentencing Procedure) Act 1999, a court could impose a good behavior bond without proceeding to conviction, pursuant to s 10 (1)(b). Under this section the charge was dismissed, no conviction was recorded and the offender was put on a good behaviour bond. The bond could be imposed for up to 2 years.

A person sentenced under s 10(1)(b) had to abide by the following conditions:

• To be of good behavior (no commit any further offences)
• Advise the Court of any change of address and
• Appear before the Court if called upon to do so

If an offender breached any of these conditions the court could revoke the bond and impose a different sentence for the offence.

On 24 September 2018 the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced which changed the law regarding Section 10(1)(b) good behaviour bonds. This Act abolished certain sentencing options, including:

• Home detention orders
• Community service orders
• Suspended sentences and
• Good behavior bonds

Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 [10] replaces the previous Section 10(1)(b). This directs a court to impose a conditional release order (CRO) under s 9 instead of a good behaviour bond.

A s10(1)(b) bond in force before 24 September 2018 is taken to be a CRO made under s 9 without proceeding to conviction. Orders in force before this date are subject to:

• Standard CRO conditions
• Any conditions imposed on the original bond under s 95(c) in force before 24 September 2018 and
• Any other conditions prescribed by the regulations

George Sten & Co Criminal Lawyers are highly experienced and can advise and represent you if you have been charged with an offence. For more information 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.