The new law is contained in section 9 of the Act which states:
“9(1) Instead of imposing a sentence of imprisonment or a fine (or both) on an offender, a court that finds a person guilty of an offence may make a conditional release order 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 bond.
(2) In deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors:
(a) the person’s character, antecedents, age, health and mental condition,
(b) whether the offence is of a trivial nature,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.”
This means a conditional release order is more likely where an offence less serious, there were reasons behind its commission and the defendant is otherwise a person of good character.
That said, conditional release orders are not restricted to specific categories of offences – rather, a court can order a CRO for any offence.
CROs cannot be made in the absence of the defendant.