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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Intensive Correction Orders (NSW)
An Intensive Correction Order (ICO) is an order of imprisonment which is served by way of intensive correction in the community. This means that the person does not go to prison, but is subject to strict conditions while continuing to live at home. A person can receive an ICO of up to three years for multiple offences, but not more than two years for a single offence. If an aggregate term of more than three years imprisonment needs to be imposed, then the court cannot order that the term be served in the form of an ICO.
When Is An Intensive Correction Order Imposed?
The power to impose an ICO is contained in Part 5 of the Crimes (Sentencing Procedure) Act 1999. Section 66 of the Act states that community safety is the paramount consideration when imposing an ICO on an offender whose conduct would otherwise require them to serve a term of full-time imprisonment.
As aptly stated by the Attorney General, Mr Mark Speakman in the Second Reading Speech on 11 October 2017:
“Community safety is not just about incarceration. Imprisonment under two years is commonly not effective at bringing about medium- to long-term behaviour change that reduces reoffending. Evidence shows that community supervision and programs are far more effective at this. That is why proposed section 66 requires the sentencing court to assess whether imposing an intensive correction order or serving the sentence by way of full-time detention is more likely to address the offender’s risk of reoffending.”
Standard Conditions For Intensive Correction Orders
Section 73 provides that an ICO must consist of the following two standard conditions:
- The person must not commit any further offences; and
- The person must submit to supervision by a community corrections officer.
Additional Conditions For Intensive Correction Orders
Under section 73A of the Act, an ICO can also include additional conditions. These may be participation in a rehabilitation or treatment program, drug and/or alcohol abstention, non-association, place restriction, curfew, home detention and electronic monitoring.
A person can also be ordered to perform up to 750 hours of community service work as part of an ICO. An assessment report would first need to be prepared to confirm that they are suitable for community service work.
Further Conditions For Intensive Correction Orders
Under section 73B of the Act, the court can impose any other conditions deemed appropriate so long as those further conditions are not inconsistent with any standard or additional conditions to be imposed.
Assessment By Community Corrections
As ICOs place emphasise control and surveillance while the person serves a period of imprisonment within the community, a Sentencing Assessment Report must be prepared by Community Corrections (aka Probation & Parole) before an ICO can be considered by the court.
This means an officer from Community Corrections would interview the person prior to the final court date and prepare a report which addresses the following factors:
- The person’s family background & social circumstances;
- The person’s education and employment history;
- Any factors related to the offending conduct, particularly the person’s attitude to the offence, insight into any underlying issues, demonstrated remorse and contrition, and resolutions not to re-offend.
- Their overall assessment of the person.
The SAR will also recommend sentencing options to the court. The officer may find that certain sentencing options are not available (e.g. community service work) however the recommendations made by the officer are not binding and the court can impose any sentence it thinks is appropriate.
Breaches Of An ICO
Unlike breaches of a Conditional Release Order or a Community Corrections Order, breaches of an ICO are not dealt with by the courts. Rather, any failure to comply with an ICO may result in the Community Corrections Office (Probation & Parole) imposing harsher conditions or referring the person to the State Parole Authority. Ultimately, the ICO may be revoked with the consequence that the sentence of imprisonment is served as full-time custody (i.e. prison).
Community Corrections can take any of the following actions:
- Record the breach and take no action; or
- Provide the person with an informal warning; or
- Provide a formal warning to the person and advise him/her that any further breaches will be reported to the Parole Authority;
- Give a reasonable direction to the person; or
- Impose a curfew of up to 12 hours in any 24 hour period; or
- Notify the State Parole Authority through a report which would include a recommendation as to the type of action Community Corrections believes is appropriate for the Parole Authority to take. The Parole Authority would subsequently hold a hearing to determine whether the ICO should be revoked. If the ICO is revoked, the person should expect to serve the entire duration of the ICO in prison, not just the balance of the ICO. As such, compliance with an ICO is of the utmost importance for the entire duration of the ICO.
Are There Certain Offences For Which An ICO Is Not Available?
Yes. An ICO is not available for the following offences:
- Murder and manslaughter;
- Terrorism offences;
- An offence involving the discharge of a firearm;
- Prescribed sexual offences (including sexual touching without consent, sexual assault, possession/dissemination, or production of child abuse material, filming a person engaged in a private act or filming their private parts if the person is under the age of 16 years).
An ICO also cannot be imposed if the term of imprisonment for a single offence exceeds two years.
A sentencing court cannot impose an ICO if the person resides, or intends to reside, in a state or territory other than New South Wales unless that other state or territory is declared by the regulations to be an approved jurisdiction.
The above list is not exhaustive and this article is not intended as a replacement for tailored legal advice.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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