Criminal Law > Parole

PAROLE

NSW State Parole Authority

An Intensive Correction Order (ICO) is a sentence imposed by the court of two years or less which is served under very strict supervision of Community Corrections within the community.

Only eligible offenders determined by the legislation can be subject to it. Offenders that having being convicted murder, manslaughter, sexual assault, sexual offences against a child, offences involving the discharge of a firearm or terrorism offences are not eligible for an ICO.

ICO’s are does not have a non-parole period and are fixed period and consist of a mandatory supervision/case management component. Additional conditions can be added by the court to an ICO such as home detention, electronic monitoring, curfews, community service work, alcohol and drug abstinence, place restrictions and non-association requirements. 

Breach of ICO

If an offender fails to comply with the conditions of the ICO, Crimes (Administration of Sentences) Act allows Community Corrections to deal with minor breaches of the ICO by way of following: 

  • Record the breach and take no action
  • Provide an informal warning to the offender
  • Provide a formal warning to the offender and advise them that any further breaches will be reported to the Parole Authority
  • Give a reasonable direction to the offender
  • Impose a curfew of up to 12 hours in any 24-hour period.

In the event of more serious breaches of the ICO, for example- re-offending of a serious crime, then the Parole Authority is notified through reports prepared by Community Corrections. The report outlines the breach of the ICO, and a recommendation as to the type of action Community Corrections believes is appropriate for the Parole Authority to take. 

In the event this happens, Parole Authority can do the following:

  • Take no action and note the report
  • Obtain updated information
  • Impose further stringent condition-such as curfews or home detention
  • Revoke the intensive correction order by issuing a warrant for the offender’s arrest and return to custody.

If your ICO has been revoked or likely to be revoked, our expert defence team at Criminal Lawyers Sydney will be able to assist you in the preparation and court attendance for your review hearing.

Our team will guide you on obtaining materials which can assist in the reinstatement of your ICO.

These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most successful outcome that is possible in the circumstances.

If you have to appear before State Parole Authority, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced state parole lawyers who will review the allegations and advise you of your options and the best way forward.