Part 3A — Sentences — Community Correction Orders; Divisions 1 and 2: Preliminary/General Flashcards
36 Purpose of an order
(1) Purpose is to provide community-based sentence that may be used for a wide range of offending behaviours while having regard to and addressing offenders’ circumstances
(2) Without limiting, it may be appropriate where court would have previously imposed a sentence of wholly suspended imprisonment before that ability was abolished
37 When community correction order available
Subject to any specific provision relating to offence, court can make CCO if offender
● (a) Convicted or found guilty of offence punishable by more than 5 penalty units; and
● (b) Court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and
● (c) The offender consents to the order.
38 Period and commencement of a community correction order
(1) Period is as determined by the court and must not exceed —
● (a) for order made by Magistrates’ Court
○ (i) In respect of one offence, 2 years; or
○ (ii) In respect of 2 offences, 4 years; or
○ (iii) In respect of 3 or more offences, 5 years
● (b) for order made by County or Supreme Court re: one or more offences, 5 years
(2) Unless s 44(3) applies (CCO combined with imp), a CCO must commence within 3 months of making the order.
39 Intensive compliance period
(1) If the court is making a CCO for 6 months+, the court may fix a period (being part of the period for which the order is in force) as the ICP.
(2) Court must determine that one or more conditions are to be completed within that ICP.
(3) (a) If court is sentencing for 2+ offences in same proceeding; (b) court makes separate CCOs in respect of 2+ of the offences, with cumulative periods; (c) and court fixes cumulative ICPs, the ICPs are to run cumulatively from the commencement of the first order and then the balance of the periods are to run cumulatively.
40 community correction order may cover multiple offences
(1) If an offender is convicted or found guilty by a court of 2+ offences, which are founded on the same facts or form or are part of a series of offences of the same or a similar character, the court may make one CCO in respect of those offences in place of separate orders.
(2) CCO made under this section must not exceed the max period for which CCO may be made under s38.
41 Presumption of concurrency
(1) If Court makes separate CCOs, conditions are concurrent unless court otherwise directs
(2) Also concurrent with any other CCO already in force unless the court otherwise directs.
41A Maximum cumulative community correction orders
A court must not impose on an offender in respect of 2+ offences CCOs with cumulative periods that are to take effect in succession for a period that exceeds in the whole 5 years.
42 Concurrent unpaid community work where there are several orders
(1) Unpaid community work under fines order and CCO to be done concurrently unless court orders otherwise, whether CCO is made at same time as or before the fines order.
(2) In this section, fines order means a fine conversion order or fine default unpaid community work order.
43 Fine and a community correction order
A court may impose on an offender a fine authorised by law in addition to making a community correction order.
44 Imprisonment and a community correction order
(1) Subject to any specific provision relating to the offence, the court can make a CCO in addition to imposing a sentence of imprisonment but only if the sum of all the terms of imp to be served (after deducting previously served imprisonment) is one year or less.
(1A) Subject to any specific provision relating to offence, when sentencing an offender in respect of one/more than one, offence to which clause 5 of Schedule 1 applies (arson offences), a court may make a CCO in addition to imposing any sentence of imprisonment.
(1B) In sentencing per above, MC cannot impose sentence on the whole exceeding 5 years.
(3) CCO commences upon release of the offender from imprisonment.
(4) Ref. here to sentence of imprisonment doesn’t include sentence that’s been suspended.
44A Mandatory treatment and monitoring order
(1) This is for EW, custodial worker, YJ custodial officer assaults etc under s5(2GA). If court satisfied making of this order is appropriate, the court must make a CCO with the following mandatory conditions attached:
● (a) Judicial monitoring condition
● (b) Either —
○ (i) Treatment and rehabilitation condition; or
○ (ii) A Justice plan condition
● (2) Also any other conditions it wants (this section doesn’t limit the court)
● (3) Despite any other provision in this Act, one of the mandatory conditions cannot be (a) varied unless condition as varied is as or more onerous than previous condition or (b) cancelled.
● (4) Section 43 does not apply to a CCO made under this section. (ie, can’t combine a CCO here with a fine)
● (5) This section does not limit section 44 (CCO and imprisonment)
