5.4 Community Correction Orders (CCOs) Flashcards
Community Correction Order (CCO)
a flexible, non-custodial sanction (one that does not involve a prison sentence that the offender serves in the community, with conditions attached to the order
Community Correction Order (CCO)
SOK
Is defined by s36 of the Sentencing Act 1991 (Vic) as a “community based sentence” that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender”. It is a court order that allows the offender to be released into the community, and that contains a range of terms and conditions.
What are the limits of a CCO being imposed by each court
- up to 2 yrs for Magistrate for single offence
- up to 4 years in any court
- can be combined with fine or up to 1yr in prison - the CCO takes effect after imprisonment
Eligibility for CCOs
- offender must have been found guilty for offence more than 5 penalty units
- court has received pre-sentence report
- offender consents
- Court is satisfied that CCO is appropriate
Can’t be for Cat.1 offences (murder, sexual offenecs, assualt/drugs) or cat .2 (manslaughter/child homicde) unless in certain circumstances (mental impairment, compliant offenders, assist authorities)
What are the core conditions for a CCO
The offender:
* must not commit another offence punishable by imprisonment
* must report to a community corrections centre within 2 working days of the order
* must report to and receive visits from community corrections officer
* must notify a change in address or employment in 2 working days
* must not leave victoria without permission
* must comply with directions by CCoffiers
What are the additional conditions for CCOs
- Unpaid Community work (under 600hrs or 20h/week)
- treatment and rehabilitation - address cause
- supervision - by CC officer
- non-association - can’t contact specified people
- residence restriction/exclusion - must/must not live at specified place
- place or are exclusion - must not / remain in specified area
- curfew
- alcohol exclusion - not enter licenced premises or consume in licenced premise
- bond - pay bond which can be forfeited by failure to comply
- judicisal monitoring (such as review by court)
- electronic monitoring - monitor compliance with monitored condition (device)
- Justice plan - for intellectually disabled - paln attached to participate in servcices
Req. minimum 1 additional condition
What happens if an offender doesn’t comply to a CCO
Court can vary a CCO where:
* circumstances materially change ensuring inability to comply
* offender no longer consents
* no longer in public interest to be served
* - when a person contravenes the condition
What are the main purposes achieved in a CCO
Rehabilitation, Deterrence, Denunciation
How do CCOs achieve rehabilitation
Pros
* require personal responsibility for actions
* under take targeted programs
* Courts can intervene in lives
* offender must make submission for conditions - articulation and reflection
Cons
* copmliance rate is 65% - also delay for programs
* CCO imprisonment orders increasing
* CCOs effective at reducing recidivism - numbers don’t account for lower risk rate of offenders
How do CCOs achieve punishment
Pros
* Terms and conditions of CCOs can limit liberty
Cons
* flexibility makes it hard to evaluate punitive effects
* punishmment stands in way of rehabilitation
* harsh punishment has criminogenic effect
How do CCOs achieve Deterrence
Pros
* mandatory terms of noncommision of indictable offence specifically deter
* punitive value is determined to have greater effect
* seriousness of CCOs largely publised
Cons
* Community perception of CCOs is of a weaker sentence - less general
How do CCOs achieve protection
Pros
* protection through rehabilitation and specific deterrence (long-term)
* some conditions mimimise exposure to conducive environments and contacts
Cons
* CCOs can be given with/without supervision orders
35% of CCOs committed at least one imprisonable offence
Signifiance of Boulton v the Queen
CCOs
- first guideline judgement issued by Court of Appeal focusing on CCOs as sentencing option
- emphasised the punitive and rehabilitatitive purposes
- guideline to structure and application of CCOs to ensure consistency and fairness
