Community Corrections Orders — Breaches of Community Corrections Orders
Period of a Community Corrections Order – Sentencing Act 1991, Section 38
The period of a Community Corrections Order must not exceed:
- a) In the case of an order made by the Magistrates’ Court,
(i) In respect of one offence, two years;
(ii) In respect of two offences, four years;
(iii) In respect of three or more offences, five years.
(b) In the case of an order made by the County Court or the Supreme Court:
(i) In respect of one, or more than one offence, five years.
Imprisonment and a Community Corrections Order – Sentencing Act 1991, Section 44
A Court may make a Community Corrections Order in addition to imposing a sentence of imprisonment, but only if the period of imprisonment is one year or less, including any time already served.
Intensive Compliance Period – Sentencing Act 1991, Section 39
If a Community Corrections Order is for a period of 6 months or longer, the Court may fix a period (being part of the period) as the Intensive Compliance Period. This means that one or more conditions attached to a Community Corrections Order are to be completed within the Intensive Compliance Period.
Breaches of Community Corrections Orders
I attend Court regularly in relation to people who have been charged with a breach of a Community Corrections Order.
The penalties can range from simply continuing the Order, a small fine, all the way to imposing a sentence for the original offences as if the case was just being heard.
If most of the unpaid work has been completed, and programs started, committing a new offence is not necessarily the end of the line.
Brendan Wilkinson, Criminal Defence Lawyer
Free first Consultation
Legal fees are very reasonable.
All clients will deal with Mr Wilkinson personally.
0438 670 198
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