201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
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.
Part 8 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty will be found.
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:
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):
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:
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.
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.
Existing Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 will be converted into CROs.
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.