Conditional Release Orders
Conditional release orders (CROs) were introduced to replace good behaviour bonds as a sentencing option on 24 September 2018 by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW).
CROs are an alternative method of sentencing to imprisonment that avoid harsh penalties, or even a criminal conviction if the conditions imposed are complied with.
Under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court may make a CRO discharging the offender, if:
(a) the court proceeds to conviction, or
(b) the court does not proceed to conviction but makes an order under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
A CRO cannot be imposed together with a fine for the same offence.
FAQ's
What Factors Are Considered?
When deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors:
the person’s character, antecedents, age, health, and mental condition
whether the offence is of a trivial nature,
the extenuating circumstances in which the offence was committed,
any other matter that the court thinks proper to consider.
This means a conditional release order is more likely where an offence is less serious, there were legitimate reasons behind your conduct, and you are a person of ‘good character’.
A court can order a CRO for any offence.
CROs cannot be made in the absence of the defendant.
Conditions for CROs
A CRO must contain the following conditions:
you must not commit any further offences;
you must attend court if called upon to do so; and
you must participate in rehabilitation programs or receive treatments.
Additional conditions for maintaining a CRO include:
you must abstain from alcohol, drugs, or both;
you must not associate with specified person(s);
you must not frequent or visit specified place(s); and
you must come under the supervision of community corrections officers or, in the case of young persons, juvenile justice officers.
A CRO cannot include:
a fine,
home detention,
electronic monitoring,
a curfew, or
community service work.
Can Conditions be Changed?
The defendant or a community corrections officer can apply to a court to revoke, amend, or add conditions to a CRO at any time after it is ordered. However, the mandatory conditions must remain in place.
The community corrections officer or the offender can also apply to the court to vary, add, or revoke the conditions. Once the application is heard, any of these amendments can be made or refused entirely by the Judge or Magistrate.
What is the Time Frame for CROs?
The maximum amount of time a CRO can last is up to two years.
Breaching CROs
If it is suspected that a CRO condition has been breached, you may be ordered to attend court to determine whether a breach has occurred. If a breach is established, the court may:
take no action
add, change, or cancel conditions, or
cancel the CRO in its entirety.
If the CRO is revoked, you will be resentenced for the original offence: Bonsu v R [2009] NSWCCA 316.