Conditional Release Orders (CRO's)

On 24 September 2018, conditional release orders replaced good behaviour bonds under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
 

Conditional release orders are a way for a person who pleads guilty or is found guilty of a criminal or major traffic offence to avoid a harsh penalty, or even a criminal conviction altogether, provided they comply with the conditions of the order.

​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.

What conditions can a Court place on a Conditional Release Order?

 

A CRO must contain the following conditions:
 

• That the defendant not commit any further offences; and
   

• That the defendant must attend court if called upon to do so.

A person will only normally be called upon to attend court if he or she breaches the order.

Additional conditions that can be placed on a CRO are:
 

• To participate in rehabilitation programs or receive treatments;

• Abstain from alcohol, drugs or both;

• Not associate with particular persons;

• Not frequent or visit particular places;

• 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 on a Conditional Release Order?

 

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.

 

How long can a Conditional Release Order last?

 

If a Judge or Magistrate gives you any conditional release order, it will also mean that you must comply with the conditions over a period of time- breaching those conditions can result in harsh penalties. The maximum period of time a conditional release order can be in force for is 2 years.

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The Magistrate or Judge in court will decide and tell you the period of time you will be required to comply with the order(s) for.

What happens if I breach a Conditional Release Order?

 

If it is suspected that a CRO 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:
 

• take no action

• add, change or revoke conditions, or

• revoke the CRO in its entirety.
   

If the CRO is revoked, the defendant will be resentenced for the original offence.

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Can a Conditional Release Order Condition be Suspended?

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A community corrections officer has the discretion to suspend the supervision condition for a period or for an indefinite period of time.

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A community corrections officer can also suspend any non-association conditions of the order for a period of time at his/her discretion.

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Any suspension made, can be with or without conditions by the community corrections officer.

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What Happens if a Conditional Release Order Gets Revoked?

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If the court revokes your conditional release order as a result of a breach of its conditions, the court can then sentence you again for the original offence.

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This will mean that the Magistrate or Judge can impose the same penalty again with more conditions, or it may impose a heavier penalty such as a community corrections order or an intensive correction order or even a full time prison sentence.

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If you are going to court and would like to arrange a free conference to discuss your options and the best way forward, call us today on 0410 600 230.

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