The most recent criminal sentencing laws which came into force in September 2018 introduced “Conditional Release Orders” which are imposed under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
A CRO is the most lenient community based ‘bond’ that the Court can impose.
The purpose of a CRO is to protect the community by minimising reoffending and enables a person who is subject to this type of order to receive the rehabilitation that they may require.
The Court will make a CRO instead of sentencing an offender to imprisonment or imposing a fine and can determine whether to proceed to a conviction or not proceed to a conviction (which would mean that you would avoid a criminal record in relation to that particular charge/s). Interestingly, if someone is charged with a traffic offence that carries a period of disqualification and the Court makes a CRO and does not proceed to a conviction; then the Court cannot impose a fine and will ordinarily not impose any period of disqualification.
The Court will conduct the appropriate balancing exercise when determining whether to convict you or not; and these factors include, but are not limited to – age, criminal history, physical and mental health conditions, the seriousness of the offence, remorse and contrition, whether you are a person of otherwise good character, and any other considerations the Court wishes to take into account.
A CRO must include two standard provisions and if necessary, the Court can impose further conditions to the CRO tailored to an offender’s case i.e. if the charge relates to an alcohol-fueled incident; the Court can impose an additional condition that the offender participate in a rehabilitation program.
The maximum term of a CRO is 2 years.
If a CRO is imposed by the Court and the person breaches the order, the Court may call up the offender to appear in relation to the breach and may take no action, vary or revoke the conditions, or revoke the order and resentence the offender.
To get in touch with one of our expert Criminal & Traffic Lawyers, contact Longton Legal on 1800 959 999 available 24 Hours, 7 days a week.