If you plead or are found guilty of an offence, the Court has a range of sentencing options from fines to full time gaol. In 2018, there were significant changes to sentencing procedure. Based on the idea that community supervision and intervention programs are more preventing re-offending than gaol terms imposed by the Local Court. For more detailed advice call criminal lawyers in Sydney
What Community Based Sentencing Options are there Now?
The Intensive Correction Order remains although it is somewhat changed but the Court now has access to a Community Corrections Order (CCO) and a Community Release Order (CRO). They are both “non-custodial” orders.
The CRO can be imposed with or without a conviction and last up to two years. The CCO can only be imposed for an offence that carries a term of imprisonment and can last up to three years.
Things the Court needs to consider in deciding whether to impose a conviction are set out in s9(2) of the Crimes (Sentencing Procedure) Act 1999. Think of what was needed for a the old 10(1)(b) bond.
I breached the Order. What happens now?
Breach of CRO or CCO is dealt with in much the same way as breaches of s9 or s10 (1)(b) good behaviour bonds in years past. If the Community Corrections Officer may then decide to file a “Breach Report” with the Court that imposed the sentence. The offender is likely to be brought before the Court to determine if a breach has occurred. It is advisable to speak with the best criminal lawyers in Sydneyif you have been breached or think you are likely to be.
Sentencing options for the Court
Again, the Court has a range of options. It may take no action on the breach, it can vary or revoke any conditions (except for the standard conditions), impose further conditions or revoke the order.
On revocation, it is open to the Court to resentence and escalate the level of severity of the punishment. This system allows the Court more discretion to tailor the punishment to your circumstances and to re-sentence a number of times before resorting to custodial time. It is important to have advice and representation if you are facing a breach of your CCO or CRO so talk to Sydney criminal defence lawyers
The author is the Principal solicitor leading a team of skilled criminal lawyers in Sydney. Visit https://www.nationalcriminallawyers.com.au for more details.
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