By Jimmy Singh on 24/09/2018
The Crimes (Sentencing Procedure) Act 1999 (NSW) reflects the law behind all the sentencing options a Magistrates or Judges can impose on a person guilty of a NSW criminal or traffic offence.
That Law has now changed and the new NSW sentencing penalties or options commence from today 24 September 2018 onwards.
The popular ‘section 10 bond’, known as a non-conviction type of penalty that an offender can receive in court is now abolished. Replacing it now is the new ‘Conditional Release Order’ (CRO). We will discuss this in more detail below.
The main focus of these new, more simplified, sentencing options are on community-based treatment to address the factors that contributed to the offender committing the offence in the first place. This is hoped to then create greater safety for the community by reducing re-offending. This was emphasised by the Attorney General, Mark Speakman when justifying the new penalties.
The following sentencing options or penalties are now abolished:
The new Intensive Corrections Order now replaces and incorporates the same old intensive corrections order, home detention, and community service order. It has further conditions that a Magistrate or Judge can impose.
The suspended sentence is completely abolished and isn’t replaced with any of the new sentencing options after research has demonstrated that it wasn’t working as an effective sentencing option.
The new Community Corrections Order (CCO) now replaces the section 9 good behaviour bond and community service order. It has further conditions that a Magistrate or Judge can impose.
The new Conditional Release Order now replaces the old section 10 good behaviour bond. It gives more options for a Magistrate or Judge in respect to imposing further conditions.
The Sentencing options that remain un-changed from the new sentencing laws in NSW are as follows:
The new ‘Conditional Release Order’ (CRO) replaces the previous section 10 bond.
However, if you get a conditional release order for a criminal or traffic offence in NSW, a Magistrate or Judge can impose one of 2 types of ‘conditional release order’, which are:
When imposing either one of those 2 types of conditional release orders, the Magistrate or Judge must impose the ‘standard conditions’ and any one or more of the ‘additional conditions’.
The standard conditions of a conditional release order is a requirement that you not commit a further offence, and a requirement that you appear at court if ever requested by the court to during the period that the order is in force.
The Judge or Magistrate may, in addition to the ‘standard conditions’, impose any 1 or more of the following additional order as part of the conditional release order:
A conditional release order (whether its with or without a conviction) doesn’t include community service, home detention, curfews or electronic monitoring (unlike the other new sentencing options).
A conditional release order can be imposed on an offender for up to two years from the date of sentencing.
After a conditional release order gets made by the Magistrate or Judge in court, a community corrections officer can later (but during the term of the order) apply for the conditions to either be changed or added by making an application in court.
The community corrections officer also has the discretion (during the term of the order) to suspend any supervision aspect of your conditions (if a supervision condition was imposed by the Magistrate or Judge) and any non-association condition (if it was imposed).
Upon a suspicion of a breach of a condition of the CRO, the Court can require you to attend court.
If the Magistrate or Judge is satisfied that an offender breached a condition of the CRO, then one of the following things can occur:
If the Conditional Release Order gets ‘revoked’ by the court, the Magistrate or Judge will re-sentence you all over again for the original offence. in that instance, the Magistrate or Judge will be more inclined to impose a heavier sentencing option than a conditional release order involving a criminal conviction- it can impose a new conditional release order (with or without conviction), Community Corrections order, Intensive Corrections Order or full-time imprisonment.
Section 10 Bonds: Changes to the Crimes (Sentencing Procedure) Act 1999 (NSW)
Changes to the Crimes (Sentencing Procedure) Act 1999 (NSW) (‘the Act’) have come into force on 24 September 2018. These changes apply to sentencing options concerning persons guilty of criminal or traffic offences in New South Wales (NSW).
The following changes to the Act have been made with the view of developing a more preventative approach to sentencing, focusing on the addressing the causes of criminal behaviour.
| New reform orders | Replacing |
| Intensive Correction Order (ICO)
| (Former) Intensive Corrections Orders · Community or treatment services · Strict supervision · Criminal conviction · Alternative to full time imprisonment
|
| Home Detention Orders · ‘house arrest’ · Criminal conviction · Alternative for full time imprisonment
| |
| Suspended Sentences · Imprisonment sentence suspended upon entering into a good behaviour bond for a set term · Criminal conviction · Alternative to full time imprisonment | |
| Community Correction Order (CCO) | Community Service Orders · Impose specified number of hours of community service · Limited conditions · Criminal conviction |
| Section 9 Good Behaviour Bonds · Good behaviour bond with specified conditions · Limited conditions · Criminal conviction | |
| Conditional Release Order (CRO) | Section 10 Non-Conviction Bonds · Good behaviour bond · No additional punitive conditions · NO criminal conviction. |
ICOs are a custodial sentence of up to two years which is served in the community. ICOs are the most serious community order available.
Unlike the previous ICOs, the reforms have imposed a mandatory supervision.
The new reforms afford the courts the capacity to impose additional conditions such as:
In the instance of a breach of an ICO, Community Corrections Officers now have the authority to refer offenders to the State Parole Authority (SPA) or serve the remainder of the sentence in full time imprisonment.
Those who are convicted of:
Courts will only grant ICOs in instances where it is satisfied that the perpetrator’s presence in the community will not compromise the protection or safety victim or others in the community.
CCOs are imposed where other sentencing alternatives are not appropriate to the crime/s committed. These provide the courts with the power to develop case-appropriate sentences by imposing additional conditions. CCOs can be imposed for up to three years.
Under the reforms, Courts can impose the following conditions:
CROs replace the popular Section 10 non-conviction bonds. These are imposed in first time and less serious offences, where the court is satisfied that the offender is unlikely to present a risk to the community. Courts can decide whether or not to impose a criminal conviction when enforcing a CRO. CROs can be imposed for up to two years.
The standard conditions which will always apply in CROs include:
Courts can decide whether or not to include any of the following additional conditions:
In the instance of a breach of CRO conditions a court may: