Conditional Release Orders

Conditional Release Orders – Section 9 Crimes (Sentencing Procedure) Act 1999 (NSW)

Our specialist criminal defence lawyers have a proven track record in obtaining non-convictions. We have achieved Conditional release orders (CRO) without conviction for offences such as:

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

Contact us now to speak to our accredited specialist criminal lawyer who can quickly assess your case and begin preparing to have your charge dismissed and no criminal conviction recorded.

What is a Conditional release order?

Under Section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the definition of a CRO is essentially the same as a good behaviour bond.

Along with ordering a CRO, the Court has the power to record a conviction or not record a conviction.

How long can I be placed on a Conditional release order?

A CRO can be imposed for up to 2 years. The Court when sentencing you will advise you of the length of time the CRO is for.

Can I get a Conditional release order without conviction?

You can receive a CRO without conviction for most offences. However, for some traffic offences, you cannot receive more than one non-conviction (excluding a Section 32 order) within a five year period.

You will also need to be present in Court for a CRO to be made.

Contact us now to see whether you are eligible to avoid a conviction.

What factors does the Court take into account for Conditional release orders?

The Court must assess the following when deciding whether or not to grant a CRO without conviction:

(a) your character, antecedents (ie history), age, health and mental condition,

(b) the trivial nature of the offence,

(c) the extenuating circumstances in which the offence was committed, and

(d) any other matter that the court thinks proper to consider.

Can I get a Conditional release order without conviction for a traffic infringement?

Yes, you can. Obtaining a CRO without conviction for a traffic infringement will mean that you will not pay the associated fine and also not incur any demerit points.

This has helped many clients over the years maintain their driver’s licences.

What are the conditions of a CRO?

There are some conditions that a CRO must contain:

1. You must not commit any further offences,
2. You must attend court if called upon to do so.

There are also further conditions that can 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 must come under the supervision of community corrections officers or, in the case of young persons, juvenile justice officers.

There are some conditions that a CRO cannot contain:

1. A fine,
2. Home detention,
3. Electronic monitoring,
4. A curfew,
5. Community service work.

What if I breach a Conditional release order?

If you breach a CRO, the Court can take the following actions:

1. Take no action;
2. Revoke the CRO and impose a new sentence (this can be a fresh CRO);
3. Amend the conditions of the existing CRO.

How do I get a Conditional release order without conviction?

A CRO without conviction is generally quite difficult to obtain. Our guides to pleading guilty will provide some assistance in being granted one. There are different guides for each specific type of offence (eg. assault, drug, fraud).

Of course, instructing a specialist criminal defence lawyer to represent you will significantly increase your chances of avoiding a conviction. Our accredited specialist criminal lawyer is well-respected by Magistrates and Judges.

This is reflected in our exceptional track record of obtaining non-convictions. Contact us now to book a consultation.