New sentencing laws in NSW – Part 2 of 5
From today (24 September 2018), there are significant changes to sentencing laws in New South Wales.
Part 2 of our 5-part blog looks at sentence conversions. If you are currently serving a sentence in the community for a criminal or traffic offence, your sentence has probably changed. This blog helps you quickly understand what you need to know.
Which sentences are changing?
If you are currently subject to one of the following sentences, you will be affected:
- Section 10 good behaviour bond
- Section 9 good behaviour bond
- Community service order
- Suspended sentence
- Intensive Correction Order (ICO)
- Home detention
What will my new sentence be?
|Current Sentence||New Sentence|
|Section 10 good behaviour bond||Conditional Release Order (CRO) without conviction|
|Section 9 good behaviour bond||Community Corrections Order (CCO)|
|Community service order||CCO with community service condition|
|Intensive correction order (ICO)||New ICO|
|Home detention order||New ICO with home detention condition|
How will this affect me?
The changes should not alarm you. The conversions are automatic and no court appearance is required. Most people whose sentences are converted will not experience any practical change – just continue your good behaviour and if you have a supervision condition, continue to follow the directions of Community Corrections and you will be just fine.
If you are currently subject to a section 10 bond, section 9 bond, ICO or home detention order, the length of your sentence will remain the same.
If you are currently subject to a section 9 bond which is longer than 3 years, we expect that the length of your sentence will be reduced to 3 years.
If you are currently subject to a community service order, your sentence will be converted to a CCO with a community service condition. You should ask Community Corrections when the CCO ends. You will now also be required to be of good behaviour.
If you are currently subject to an ICO or home detention order, you will still be required to be of good behaviour and you will continue to be supervised by Community Corrections.
Applying to vary conditions attached to a CCO or ICO
Under the new legislation you may be able to make an application to the court to vary certain conditions which are attached to a CCO or ICO.
For example, if you are currently subject to a community service condition you may be able to apply to the court (for CCOs) or the Parole Board (for ICOs) to revoke this condition.
Stay tuned to find out more.
Part 3 of our 5-part blog, being released on 25 September, looks at whether you can still get a section 10.
Have questions? We’re here to help. Call us on (02) 9696 1361.
Disclaimer: The above information contains a basic summary of the law in NSW as at 24 September 2018. It is not legal advice. If you need legal advice, you should speak to a lawyer.