Community Corrections Orders (CCO)

A Community Corrections Order (“CCO”) 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 Community Corrections Orders is under Section 8 of the Act with the sentencing procedures for CCOs being contained in Part 7, Sections 84 – 91 of the Act.  

What is a Community Corrections Order?

Instead of imposing a term of imprisonment on an offender, the Court can impose a Community Corrections Order (‘CCO’) pursuant to Section 8. Community Corrections Orders operate like a good behaviour bond.

A Community Corrections Order has a maximum term of three years. When a person is sentenced to a Community Corrections Order a conviction will be recorded on their criminal record. A CCO can be imposed in addition to a fine, but it cannot be imposed for a fine-only offence. 

Legislation:

Conditions of a Community Corrections Order (“CCO”):

Standard Conditions 

When a Court imposes a CCO on an offender, Section 88 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 Community Corrections Order pursuant to Section 89 of the Act. Those additional conditions include:

1. a curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours),
2. a community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 hours or the number of hours prescribed by the regulations in respect of the class of offences to which the relevant offence belongs, whichever is the lesser),
3. a rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment,
4. an abstention condition requiring abstention from alcohol or drugs or both,
5. a non-association condition prohibiting association with particular persons,
6. a place restriction condition prohibiting the frequenting of or visits to a particular place or area,
7. a supervision condition requiring the offender to submit to supervision—

1. by a community corrections officer, except as provided by subparagraph (ii), 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 Community Corrections 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 exceeding 12 hours in any period of 24 hours.

Consequences of Breaching a Community Corrections Order:

If a CCO 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 community corrections by imposing additional conditions, or revoke the order and impose a different penalty.  

Will I get a criminal record for a Community Corrections Order?

Yes, if a person is sentenced to a Community Corrections Order (CCO) they are convicted of the offence and the offence and CCO will be recorded in their criminal record. 

Related Consequences of a Community Corrections Order:

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. 

As a CCO is a conviction penalty, when a person is sentenced to a CCO, this will trigger the automatic and mandatory licence disqualification being applied and their licence will be disqualified for the prescribed period. 

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. 

As a CCO is a conviction penalty, when a person is sentenced to a CCO, this will trigger the mandatory interlock order being applied to their licence.