Intensive Community Order

S7 Crimes (sentencing Procedure) Act 1999 (NSW) gives the Court power to make an Intensive Correction Order (ICO). It is a sentence of imprisonment that can be served in the community. it comes with various conditions and the Court must record a conviction when imposing this penalty.

It is the second most severe penalty that can be imposed. Full-time imprisonment is the more serious penalty. It is more severe than a Community Correction Order (CCO). An ICO can be given for offences such as drug supply, serious assault and fraud. However, it is not available for certain offences.

murder or manslaughter
prescribed sexual offence
a terrorism offence within the meaning of the Crimes Act1914 (Cth) or under s 310J Crimes Act 1900
an offence relating to a contravention of a serious crime prevention order under s 8 Crimes (Serious Crime Prevention Orders) 2016
an offence relating to a contravention of a public safety order under s 87ZA Law Enforcement (Powers and Responsibilities) Act2002
an offence involving the discharge of a firearm
an offence that includes the commission of, or an intention to commit, an offence referred to in paragraphs (a)–(f)
an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)–(g).

ICO & Domestic Violence Offences (DVOS)

ICO cannot be imposed for a DVOS or a combined sentence involving DVO unless the Court is confident that the victim of the DVOS and any potential co-residents will be sufficiently protected. If the Court determines a person guilty of a DVOS, it must not impose a home detention condition if it reasonably believes that offender will reside with the victim of the DVOS.

Duration

An ICO must not be made for a single offence if the term of imprisonment exceeds 2 years. if an ICO is made for multiple offences, the term of the aggregate or effective sentence of imprisonment must not exceed 3 years.

Community Safety

When deciding whether to impose an ICO, the Court’s paramount consideration is community safety, the Court also considers the assessment report prepared by a community correction officer. If the report deems the offender is unsuitable for an ICO, it cannot be imposed. However, even if the report finds the offender suitable for ICO, the magistrate or Judge has discretion and is not obliged to impose the order. In the case of R v Fangaloka [2019]NSWCCA 173, clarified that there must be evidence that an ICO would be more effective in reducing the risk of re-offending compared to a full-time prison sentence.

ICO conditions

ICO comes with mandatory conditions, eg must not commit any offence and submit to supervision by a community correction officer.

In addition to the standard conditions, the Court must, at the time of sentence, impose at least one of the additional conditions referred to in s73A(2).

The additional conditions available include:

home detention
electronic monitoring
a curfew
community service work requiring the performance of community service work for a specified number of hours
a rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment
abstention from alcohol or drugs or both
a non-association condition prohibiting association with particular persons
a place restriction condition prohibiting the frequenting of or visits to a particular place or area.

If the Court does not impose any additional condition, it must record its reasons for doing so. However, the failure to record reasons does not invalidate the sentence.

The Court must not impose a home detention or community service work condition on an ICO unless an assessment report states the offender is suitable for the conditions.

If you breach an ICO, the matter does not return to Court. a community correction officer may record the breach and can take no formal action, or give informal warning to the offender. A formal warning and further breaches will result in a referral to the Parole Authority.

If the breach is more serious, the Parole Authority will: