What is
an ‘Intensive Corrections Order’?
An
Intensive Corrections Order (ICO) is a custodial order which can be served in
the community. An ICO is the most serious sentence which an offender is allowed
to serve in the community.
The Court
cannot make an ICO unless the Court has obtained a Sentence Assessment Report
(SAR) in relation to the offender, but it should also be noted that the Court
is NOT bound by that report.
It should
be noted that an ICO cannot be made for a single offence if the term of
imprisonment exceeds 2 years.
If an ICO
is made for multiple offences (2 or more offences) then the term of the
aggregate term of imprisonment or effective sentence of imprisonment cannot
exceed 3 years.
Because an
Intensive Corrections Order is a ‘custodial sentence’, making an ICO requires a
sentencing Court to follow a three stage process prior
to directing the sentence to be served in that manner. Stanley v DPP [2023]
HCA 3 at [59]
An ICO has
the capacity to operate as a substantial punishment but can also reflect
significant degree of leniency because such penalty does not involve immediate
incarceration. R v Pullen [2018] NSWCCA 264 at [53]
What is
the ‘3 Step Process’?
1.
The
Court must be satisfied that after having considered all the possible
alternatives that no other penalty other than ‘imprisonment’ is appropriate.
2.
If
the sentence of imprisonment is appropriate, the Court determines the length of
the sentence without regard to how it is to be served.
NOTE: It is preferred that the Court
articulate the conclusions reached as to the appropriate term and it is not
appropriate to consider how the sentence will be served prior to determining
the length of the sentence.
3.
The
court must then consider whether any alternatives to full time imprisonment
should be imposed. In reaching such consideration, the Court looks at a variety
of factors including objective seriousness of the offence etc.
Is an
Intensive Corrections Order available as a sentencing option for all offences?
No. An
intensive Corrections Order is NOT available for offenders convicted of murder,
manslaughter, sexual assault, any sexual offence against a child, offences
involving discharge of a firearm, terrorism offences, breach of serious crime
prevention orders or breaches of public safety orders.
It must
also be noted that in Domestic Violence Offences, an offender can only be
sentenced to an ICO if the Court is satisfied that the victim (or likely the
co-residents) can be adequately protected.
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 10th January 2025.
*Please note that this page or any
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