A complete guide to intensive corrections orders including what offences they apply to, when they can be imposed and the consequences of them.
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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:
It is not available for certain offences.
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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.
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.
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.
There are certain offences for which an ICO cannot be made, including:
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.
There are some conditions that an ICO must contain:
There are also further conditions that are optional for the Court to impose:
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:
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