Community Corrections Order

These court orders come with various conditions, some mandatory on every order and others at the discretion of the judicial officer. The conditions vary according to the kind of offence the individual has been found guilty of and their personal circumstances.

A CCO can be ordered by either a Magistrate or a Judge in Victoria, it is generally viewed as one step below imprisonment and one step above a fine. The purpose of the CCO is to allow an individual who has broken the law to be both punished and rehabilitated while remaining in the community.  

ACCO is legislated under the Sentencing Act 1991 (Vic) which outlines the requirements for a CCO to be ordered and the various time periods the court can impose a CCO for.

Section 37 provides the requirements in which the court may impose a CCO for:

• The offender has been convicted or found guilty of an offence punishable by more than five penalty units; and
• The court has received a pre-sentence report (if required and has had regard to any recommendations, information or matter identified in the report); and
• The offender consents to the order

Section 38 provides the time periods in which a CCO will apply to an offender:

• In the case of an order made by the Magistrates' Court
  1. In respect to one offence, two years; or
  2. In respect of two offences, four years; or
  3. In respect of three or more offences, five years or
• In the case of an order made by the County Court or the Supreme Court in respect of one or more than one offence, five years.

It is important to note that the offender must consent to be placed on CCO as per section 37(1)(c) of the Sentencing Act 1991 (Vic).

In relation to the conditions which can be imposed upon an individual, these are the mandatory conditions in which an offender must abide by:

• An offender must not commit any more offences while the order is in place.
• An offender must report to Corrections Victoria within two days of the order being made and must meet with their supervisor regularly after that.
• An offender must let Corrections know if they change addresses.
• An offender must stay in Victoria unless permission is granted to leave the state.
• An offender must comply with any direction that Corrections give.

There are other varying further conditions that a Magistrate or Judge can impose on an individual which are not mandatory conditions such as:

• Work up to 600 hours of community service (up to 20 hours each week).
• Treatment and rehabilitation for drug use, alcohol use or mental health problems.
• Accept supervision or management by Corrections Victoria.
• Pay a bond.
• Stay away from a particular person (such as someone you committed the offense with).
• Stay away from a particular place (Such as the location where the offending occurred or a city centre).
• Impose a curfew to stay at a particular place between particular hours (such as not living home after 11pm).
• Agree to another order that the Magistrate or Judge thinks will fit your particular circumstances.

A CCO will be breached if the person subject to it commits further offences during the operational period of the CCO or does not comply with any conditions. It is an offence under section 83AD of the Sentencing Act 1991 (Vic) to breach a CCO. The maximum penalty if a person is found guilty of breaching a CCO is three months imprisonment and/or a fine of up to 30 penalty units. In addition to any penalty for the breach charge itself the court can vary the CCO or even cancel the CCO, which can lead to re-sentencing on the original charges that led to the CCO being imposed.  

At Nelson Brown Legal we are specialists in the area of sentencing and the complexities of a CCO. We have the expertise and experience to represent and assist those facing a charge whereabouts CCO may be ordered. Contact us today for a confidential consultation and expert legal advice.

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