Chapter 5.4 Flashcards
community correction order CCO
What is a community correction order?
A Community Correction Order (CCO) is a non-custodial, supervised sentence served in the community, designed to be flexible and tailored to the offender and the offence. It allows offenders to address their behaviour through treatment or programs while avoiding the negative impacts of imprisonment. CCOs can last up to two years for a single offence in the Magistrates’ Court and up to five years in Victorian courts. They can be combined with a fine or up to one year in prison, with the CCO starting after the offender’s release.
Eligibility for a CCO
A court can only impose a Community Correction Order (CCO) if the offender is convicted of an offence punishable by more than five penalty units, has a pre-sentence report, and consents to the order. The court must also ensure the CCO is suitable for the offender. CCOs cannot be imposed for ‘category 1 offences’ (e.g., murder, certain sexual and assault offences, and drug offences). For ‘category 2 offences’ (e.g., manslaughter, child homicide, and arson causing death), a CCO can only be imposed in special circumstances, such as mental impairment or assistance in investigations.
Conditions attached to CCOs
Every CCO made in the court includes ‘core conditions’, which are that the offender:
* must not commit another offence punishable by imprisonment during the period of the order
* must report to a specified community corrections centre within two working days of the order
coming into force
* must report to and receive visits from a community corrections officer
* must notify an officer of a change of address or employment within two working days after the
change
* must not leave Victoria without permission
* must comply with any directions of community corrections officers.
additional conditions
- Unpaid community
work - Treatment and
rehabilitation - Supervision
- Non-association
- Residence restriction
or exclusion - Place or area
exclusion - Curfew
- Alcohol exclusion
- Bond
- Judicial monitoring
- Electronic
monitoring - Justice plan
What happens if an offender cannot or does not comply?
In some circumstances, the court can vary a CCO, including where:
* the circumstances of the offender materially change, which means they are not able to comply
with any condition
* the offender no longer consents to the order
* it is no longer in the interests of the community or the offender for the CCO to continue to be
served. This can also occur when a person contravenes (breaches) the conditions of a CCO and
therefore commits an additional offence.
The court can also impose a different sanction, vary the conditions, or even cancel the CCO and make
no further order.
Sentencing purposes
of CCOs
As a CCO is a flexible sentencing option, it can
achieve all of the purposes of sanctions, depending
on the circumstances of offending and the offender.
Deterrence, rehabilitation and denunciation are
often purposes of imposing a CCO, but protection
and punishment can also be achieved.
punishment purpose of CCO
depending on the
length of the CCO,
the conditions
imposed and the
offender, CCOs can
serve to punish
offender, such as by
requiring them to
perform community
work and imposing
restrictions over a
long period of time.
specific deterrence purpose of CCO
CCOs can serve to
specifically deter an
offender, depending
on the conditions
imposed.
General deterrence purpose of CCO
a CCO can generally
deter an offender
depending on the
nature and length
of the CCO, and the
enforceability of the
CCO.
denuction purpose of CCO
a
CCO can act as a
form of denunciation
(i.e. a clear public
declaration that
certain acts and
behaviours are
unacceptable).
rehabilitation purpose of CCO
rehabilitation can be
achieved depending
on the treatment of
the offender through
conditions, as well
as the ability of the
offender to remain
in the community
and avoid
imprisonment.
protection purpose of CCO
although
protection is not
achieved in that the
offender remains
in the community,
long-term protection
may be achieved if
rehabilitation and
specific deterrence
are achieved.
Factors to consider when assessing the ability of CCOs to achieve the purpose of punishment
- Length of the CCO: Longer CCOs (up to five years) feel more punitive than shorter ones.
- Mandatory conditions: Conditions like the restriction on leaving Victoria without permission can serve as a form of punishment, but may not be significant for all offenders.
- Additional conditions: The more restrictive the conditions (e.g., electronic monitoring, community work), the more burdensome and punitive the CCO feels.
- Restriction on liberty: A CCO doesn’t punish an offender as severely as imprisonment, as it doesn’t completely restrict their freedom.
Factors to consider when assessing the ability of CCOs to achieve the purpose of specific detterence
- Length of the CCO: Longer CCOs are more likely to deter offenders than shorter ones.
- Mandatory conditions: Conditions like not committing another offence can act as a specific deterrent, as breaches may lead to resentencing.
- Additional conditions: Conditions that minimize the risk of reoffending, such as exclusions or curfews, can promote specific deterrence by changing the offender’s behavior.
Factors to consider when assessing the ability of CCOs to achieve the purpose of general detterence
- Nature of the CCO: Overly restrictive CCOs, such as those involving significant community work or electronic monitoring, may deter the community as they are viewed as punishing.
- Public awareness of the CCO: The deterrent effect of a CCO depends on public knowledge and how well its severity and impact on the offender are communicated. If seen as less severe than imprisonment, it may not be as effective in deterring the public.
