A Community Correction Order is a less serious type of penalty and can be imposed in lieu of prison sentence and is available as a sentencing option to the Magistrate or Judge for NSW criminal or traffic offences.
Community correction orders must contain the following ‘standard’ conditions:
- The defendant must not commit any further offences, and
- The defendant must attend court if called upon to do so.
A Judge or Magistrate can add further conditions as follows:
- Be subject to a curfew not exceeding 12 hours in any 24-hour period,
- Undertake community service work of up to 500 hours,
- Participate in a rehabilitation program or receive treatment,
- Abstain from alcohol and/or drugs,
- Not associate with a particular person/s,
- Not enter or frequent a particular place or area, and
- Be supervised by community correction or, if under 18, by a juvenile justice officer.
A Judge or Magistrate cannot order community service unless a sentencing assessment report is ordered for such a condition.
A court cannot order a CCO for a domestic violence offence unless it has considered the safety of the complainant.
Importantly, the court can limit the period that any additional condition applies; so, for example, a 3-year CCO may contain a curfew that lasts for only 3 months.
The following conditions cannot be included in a CCO:
- Home detention,
- Electronic monitoring, or
- Curfew of more than 12 hours in any 24-hour period.
If you breach any conditions of the order, then you will be required to attend court and be resentenced for the breach of bond.