Conditional Release Orders (CRO)

A Conditional Release Order (“CRO”) is a sentencing order that was introduced on 24 September 2018 into the Crimes (Sentencing Procedure Act) 1999. The power for a Court to impose a Conditional Release Orders is under Section 9 of the Act with the sentencing procedures for CROs being contained in Part 8, Sections 94 – 100 of the Act.  

What is a Conditional Release Order?

A Conditional Release Order is practically a good behaviour bond which can be imposed for a maximum period of up to 2 years for a single offence. 

A CRO can be ordered either with a conviction (pursuant to Section 9(1)(a) of the Act) or without a conviction (pursuant to Section 10(1)(b) of the Act). 

When the Court is deciding whether to make a Conditional Release Order, the Court is required to consider:

• The person’s character, age, health and mental condition;
• Whether the offence is of a trivial nature;
• The extenuating circumstances in which the offence was committed;
• Any other matter that the Court thinks proper to consider.

Legislation:

Conditions of a Conditional Release Order (“CRO”):

Standard Conditions 

When a Court imposes a CRO on an offender, Section 98 of the Act requires the Court to impose the ‘standard conditions’ of that bond. 

The standard conditions of a conditional release order are:

1. A condition that the offender must not commit any offence,
2. A condition 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.

Additional Conditions

The sentencing Magistrate or Judge also has the ability to impose additional conditions as part of the Conditional Release Order pursuant to Section 99 of the Act. Those additional conditions include:

1. a rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment;
2. an abstention condition requiring abstention from alcohol and/or drugs;
3. a non-association condition prohibiting association with a particular person(s);
4. a place restriction condition prohibiting the frequenting of or visits to a particular place or area;
5. a supervision condition requiring the offender to submit to supervision—
   1. by a community corrections officer, or
   2. 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.

Conditions Which Cannot be Imposed

While the Court can impose further conditions upon an offender, the Act states that the following cannot be imposed with a Conditional Release Order:

1. If the condition would be inconsistent with the standard conditions or additional conditions;
2. a home detention condition;
3. an electronic monitoring condition;
4. a curfew condition;
5. a community service work condition.

Consequences of Breaching a Conditional Release Order:

If a conditional release order is breached, the defendant will be brought back before the Court for that breach and may be re-sentenced for the original offence. In relation to the breach of the order, the Court can decide to take no action, or vary the conditional release order by imposing additional conditions, or revoke the order and impose a different penalty.  

Where a person receives a non-conviction conditional release order and breaches that bond, when re-sentencing that person, the Court may revoke the non-conviction order and instead impose a fine or a conditional release order with conviction, meaning the person now has a criminal record and has lost the benefit of their non-conviction. 

Will I Get a Criminal Record for a Conditional Release Order?

Whether a person gets a criminal record or conviction for a Conditional Release Order depends on whether the Magistrate or Judge made the order with conviction or without conviction. 

A non-conviction conditional release order pursuant to Section 9(1)(b) or Section 10(1)(b) does not involve a conviction being recorded on a person’s criminal record. Where a non-conviction conditional release order is ordered, the finding of guilt will still be formally recorded. In practice, this means the offence and the CRO may appear on the person’s criminal record for the duration of the order. After the order is finished, it should not appear.

A conditional release order pursuant to Section 9(1)(a) does involve a conviction being recorded on a person’s criminal record. Where a conviction is recorded, it will generally be “spent” (that is, not appear on a National Police Check) after an offence-free period of 10 years.

Related Consequences of a Community Corrections Order:

Demerit Points

The Court does not have the power to impose, deduct or vary the amount of demerit points that apply to an offence. Demerit points at law are a consequence of imposing a conviction. 

When a person receives a conditional release order with conviction pursuant to Section 9(1)(a) the demerit points will be applied against their licence. 

When a person receives a conditional release order without conviction pursuant to Section 9(1)(b) they will avoid the demerit points being applied against their licence.

Automatic and Mandatory Licence Disqualification 

Some traffic offences (such as speeding >30km/h, drink driving, negligent driving or driving while suspended) also carry a licence disqualification consequence in addition to their prescribed maximum penalties. The provisions relating to automatic and mandatory disqualification periods for traffic offences are contained in Section 205 of the Road Transport Act 2013. 

The Legislation states that when the defendant is convicted of the offence, the automatic and mandatory licence disqualification will be applied against the defendant’s licence. 

When a person is sentenced to a conditional release order with conviction pursuant to Section 9(1)(a) this will trigger the automatic and mandatory licence disqualification being applied and their licence will be disqualified for the prescribed period. 

When a person receives a conditional release order without conviction pursuant to Section 9(1)(b) they will avoid their licence being disqualified. 

Mandatory Interlock Order

Similarly, if the offence for which a person is being sentenced contains a ‘mandatory interlock’ provision then when a person is convicted the Court is required to impose a mandatory interlock order on the defendant. Mandatory Interlock Orders involve two stages:

1. Licence Disqualification – A period of disqualification is applied to the licence, then
2. Interlock Order – After the disqualification period has been served, order the defendant to obtain an interlock licence and have an interlock device installed in their vehicle for the prescribed period of time. 

When a person is sentenced to a conditional release order with conviction pursuant to Section 9(1)(a) this will trigger the mandatory interlock order being applied. 

When a person receives a conditional release order without conviction pursuant to Section 9(1)(b) they will avoid their mandatory interlock order being made.