NOTICE: If you are subject to a CCO and you are concerned about your ongoing ability to comply, due to closures and quarantine relating to the spread of COVID-19, please contact our office immediately so that we can take steps to avoid you risking a breach. The consultations to discuss these matters will be half price in the circumstances.
Please note that if you have charges listed for a breach of CCO in the Magistrates’ Court and you are on bail of summons, your matter will be adjourned until the nominal date of 15 June 2020. This does not apply if the accused is in custody or your matter is listed as a Filing Hearing, Committal Mention or Committal Hearing in the Indictable Stream. This is due to the safety precautions being put in place due to the COVID-19 crisis.
Community Correction Orders (CCO’s) are sentences handed down by Courts in relation to a range of offences, which can be imposed instead of or in addition to sentences of up to 12 months imprisonment. CCO’s can be handed down in relation to even very serious offences, which a maximum duration of 5 years.
However, they are not simple nor lenient sentences. They impose a range of conditions, decided by the sentencing Magistrate or Judge, after Corrections assesses the accused person’s suitability for the order and recommends certain conditions.
These conditions may include:
- intensive compliance periods;
- supervision by the Department of Corrections;
- treatment conditions;
- community work;
- non-association conditions;
- a residential restriction condition;
- place or area exclusion conditions;
- a curfew;
- an alcohol restriction condition;
- a judicial monitoring condition; and
- an electronic monitoring condition.
CCO’s can last for up to 5 years and can be onerous on the person. Sometimes people on CCO’s face situations which make compliance with the orders difficult. In such situations, the offender can apply for a variation of the order to the Court which sentenced them, or apply to the Secretary for a suspension of the order. However, if these steps are not taken and variation or suspension achieved, the offender may be charged with a breach (a criminal offence) and have to appear in Court.
If you have been charged with a breach of a CCO, you should seek legal advice in relation to your options.