Intensive Correction Orders (ICO)

Intensive Correction Orders (ICO) – S 7 Crimes (Sentencing Procedure) Act 1999 (NSW)

An Intensive correction order (ICO) is the second most severe penalty that can be imposed. The only penalty more serious is full-time imprisonment.

It is considered more serious than a Community Correction Order (CCO).

It can be imposed for offences such as:

• Serious driving offences.
• Drug supply;
• Serious assaults;
• Fraud (where the money amounted to hundreds of thousands of dollars).

It is not available for certain offences.

Contact us now to speak to our accredited specialist criminal lawyer who can quickly assess your case and begin preparing to your defence.

What is an Intensive Correction Order?

Under Section 7 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the definition of an ICO is a sentence of imprisonment which can be served in the community.

There are a range of conditions that can be attached to an ICO.

The Court must record a conviction when imposing this penalty.

How long can I be placed on an Intensive Correction Order?

An ICO can be imposed for up to 2 years for a single offence, or up to 3 years for multiple offences.

When the Court sentences you, they will advise you of the length of time you will be subject to the ICO.

What factors does the Court take into account for an Intensive Correction Order?

Pursuant to Section 69(1) of the Crimes (Sentencing Procedure) Act, the Court must consider the contents of an assessment report prepared by a community corrections officer.

If the report assesses you as unsuitable for an ICO, the order cannot be made.

However, even if the report assesses you as suitable for an ICO, the Magistrate or Judge is not bound to make the order.

The decision of R v Fangaloka [2019] NSWCCA 173 confirmed that there must be some evidence of an ICO being more effective at reducing the risk of re-offending for it to be preferred to a sentence of full-time gaol.

What offences cannot receive an Intensive Correction Order?

There are certain offences for which an ICO cannot be made, including:

1. Prescribed sexual offences;
2. Murder and manslaughter;
3. Terrorism;
4. Contravening a serious crime prevention order;
5. Contravening a public safety order;
6. Discharging a firearm.

In relation to domestic violence offences, an ICO cannot be imposed unless the Court is satisfied that the victim of the domestic violence offence, and any person with whom the offender is likely to reside, will be adequately protected.

What are the conditions of an Intensive Correction Order?

There are some conditions that an ICO must contain:

7. You must not commit any further offences,
8. You must be supervised by Community Corrections.

There are also further conditions that are optional for the Court to impose:

1. You must participate in rehabilitation programs or receive treatments,
2. You must abstain from alcohol, drugs or both,
3. You must not associate with particular persons,
4. You must not frequent or visit particular places,
5. You are subject to home detention;
6. You must abide by a curfew;
7. You must complete Community Service work.

What if I breach an Intensive Correction Order?

If you breach an ICO, the matter does not return to Court. Rather, the State Parole Authority will be informed and can take the following actions:

1. take no action;
2. give a formal warning;
3. impose further conditions on the ICO;
4. vary or revoke the conditions of the ICO;
5. revoke the ICO (this means that you will be sentenced to full time jail).

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