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Conditional Release Order (CRO)

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

The Crimes (Sentencing Procedure) Act 1999 is to be amended on 24 September 2018. One of the amendments to the legislation is to replace Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 with a Conditional Release Order (CRO). A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Additional conditions may be imposed subsequent to sentence upon application by a community corrections officer, juvenile justice officer or the offender.

Both Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 and Section 10A of the Crimes (Sentencing Procedure) Act 1999 will remain.

If you are sentenced to a CRO then it allows a Court to discharge you without recording a conviction.

Definition:

Part 8 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty will be found.

  • Section 95 (2) states that CROs will be available for a term of up to 2 years.
  • Section 97 states that a CRO is subject to the following conditions:
    • Standard conditions imposed by the sentencing court under section 98,
    • Any additional conditions imposed by the sentencing court under section 99,
    • Any further conditions imposed by the sentencing court under section 99A.

Standard conditions:

Section 98 (2) outlines the standard conditions which must be imposed on a CRO.

The standard conditions of a conditional release order are the following:

  • A condition that the offender must not commit any offence,
  • A condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.

Additional conditions:

Section 99 (2) outlines the additional conditions that may be imposed by the sentencing court. An application can be made by community corrections officer or juvenile justice officer or the offender to have the following conditions imposed on the CRO:

The additional conditions of a conditional release order that are available to be imposed are the following (as directed by the sentencing court):

  • A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment,
  • An abstention condition requiring abstention from alcohol or drugs or both,
  • A non-association condition prohibiting association with particular persons,
  • A place restriction condition prohibiting the frequenting of or visits to a particular place or area,
  • A supervision condition requiring the offender to submit to supervision:
    • By a community corrections officer, except as provided by subparagraph (ii) or (iii), 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, or
    • If the offender was under the age of 18 years when the condition was imposed but has since reached that age, by a juvenile justice officer where the officer chooses to continue supervision.

Conditions which must not be imposed:

Section 99 (3) outlines conditions which must not be imposed on a CRO.

An additional condition of any of the following kinds must not be imposed on a conditional release order:

  • A home detention condition,
  • An electronic monitoring condition,
  • A curfew condition,
  • A community service work condition
  • The sentencing court may limit the period during which an additional condition on a conditional release order is in force

Further Conditions:

Section 99A states that the court has a discretion to impose further conditions, so long as they are not inconsistent with the standard conditions or any additional conditions.

  • The sentencing court may at the time of sentence, or subsequently on the application of a community corrections officer or juvenile justice officer or the offender:
    • Impose further conditions on a conditional release order, or
    • Vary or revoke any such further conditions imposed by it on a conditional release order.
  • This section does not permit the sentencing court to impose any further conditions, or vary any such further conditions, if the condition as imposed or varied:
    • Would be inconsistent with:
      • Any of the standard conditions of a conditional release order, or
      • Any of the additional conditions (whether or not actually imposed on the conditional release order) referred to in section 99 (2), or (b) would not be permitted under section 99 (3).
  • The sentencing court may limit the period during which a further condition on a conditional release order is in force.

Is a CRO a conviction and will I have a criminal record?

If a person is sentenced to CRO, then they are not convicted of that offence, and they will not have a criminal record upon the expiration of the bond.

Transition into the new scheme:

Existing Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 will be converted into CROs.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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