On 24 September 2018, community correction orders replaced good behaviour bonds under section 9 of the Crimes (Sentencing Procedure) Act 1999 and community service orders.
A community correction order can be thought of as a type of good behaviour bond with conditions, and is imposed in lieu of a prison sentence in New South Wales.
Community correction orders must contain the following ‘standard’ conditions:
A person will normally only be called to attend court if he or she breaches a condition of the order.
A court may also order that the defendant:
A court cannot order community service unless it has obtained an assessment report regarding 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:
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 standard conditions must remain in place.
A community correction officer can suspend the supervision requirement or any curfew, non-association or place restriction conditions, whether unconditionally or subject to conditions.
A CCO can last for up to three years.
If it is suspected that a CCO condition has been breached, the defendant may be ordered to attend court to determine whether a breach has in fact occurred.
If a breach is established, the court may:
If the CCO is revoked, the defendant will be resentenced for the original offence.