Mid Mountains Legal Blog

Community Correction Orders in NSW

Anthony Steel

A community correction order (CCO) is a species of good behaviour bond with conditions imposed in lieu of a prison sentence in New South Wales. A CCO can last for up to three years.

What are the conditions of a community correction order?

A community correction order must contain the following ‘standard’ conditions:

  1. The defendant must not commit any further offences, and
  2. The defendant must attend court if called upon to do so.

A person will normally only be called to attend court if she or he breaches a condition of the order.

A court may also order that the defendant:

  1. Be subject to a curfew not exceeding 12 hours in any 24 hour period;
  2. Be supervised by community correction or, if under 18, by a juvenile justice officer;
  3. Undertake community service work of up to 500 hours;
  4. Not enter or frequent a particular place or area;
  5. Participate in a rehabilitation program or receive treatment;
  6. Not associate with a particular person/s, and
  7. Abstain from alcohol and/or drugs.

A court cannot order a CCO for a domestic violence offence unless it has considered the safety of the complainant.

A court cannot order community service unless it has obtained an assessment report regarding such a condition.

The court can limit the period that any additional condition applies. For example, a 1 year CCO may contain a curfew that lasts for only 3 months.

The following conditions cannot be included in a CCO:

  1. Home detention;
  2. Curfew of more than 12 hours in any 24 hour period;
  3. Electronic monitoring.

Can the conditions be changed?

A community corrections officer or the defendant can apply to a court to revoke, amend or add conditions to a CRO at any time after it is ordered.

However, the standard conditions must remain in place.

A community correction officer can suspend the supervision requirement or any curfew, non-association or place restriction conditions, whether unconditionally or subject to conditions.

What happens if I breach my community correction order?

If it is suspected that a CCO condition has been breached, the defendant may be ordered to attend court to determine whether a breach has in fact occurred.

If a breach is established, the court may:

  1. add, change or revoke additional conditions;
  2. take no action; or
  3. revoke the CCO in its entirety.

If the CCO is revoked, the defendant will be resentenced for the original offence.

What now?

Contact us for advice or representation regarding a Community Correction Order.

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