By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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When sentencing adults for criminal offences, South Australian courts have the option of imposing intensive correction orders. An intensive correction order is a way for an offender to serve a custodial sentence while living in the community and abiding by certain conditions. If the order is breached, the offender will generally have to serve the remainder of the sentence in prison. This page deals with intensive corrections order in South Australia.
Intensive correction orders represent a significant reform in South Australia's criminal justice system, providing courts with a flexible sentencing option that balances public safety with rehabilitation objectives. These orders are designed to reduce prison overcrowding while ensuring offenders remain accountable for their actions through strict community-based supervision.
When can an intensive corrections order be made?
Under section 80 of the Sentencing Act 2017, an intensive corrections order (ICO) can be imposed where:
- A court is considering imposing a term of imprisonment of two years or less; and
- The court considers that the sentence should not be suspended;
- The court considers there is a good reason for the sentence to be served in the community while subject to supervision.
In deciding whether to make an ICO, the court will consider the impact of the ICO on the victim/s of the offence, the impact on the offender's partner and any other person they are proposing to live with, and any other relevant matters.
Judicial Considerations
South Australian courts must carefully evaluate several factors when determining ICO eligibility. The legislation requires judges to assess the offender's criminal history, their likelihood of reoffending, and their capacity to comply with community-based conditions. Courts also consider the nature and circumstances of the offence, the offender's personal circumstances, and their ties to the community.
Suitability Assessment
Before imposing an ICO, the court typically requests a pre-sentence report from community corrections services. This assessment evaluates the offender's suitability for community-based supervision and identifies appropriate conditions that should be attached to the order to minimise the risk of reoffending.
When can an intensive correction order not be made?
There are some situations in which courts cannot make intensive corrections orders. These include where an adult is being sentenced for a serious sexual offence such as rape or indecent assault or for a terrorist act. An ICO cannot be made when an adult is being dealt with for a designated offence such as manslaughter or stalking and they have been sentenced to imprisonment for a designated offence within the previous five years.
Excluded Offences
The Sentencing Act 2017 specifically excludes certain serious offences from ICO eligibility. These exclusions reflect community expectations that perpetrators of the most serious crimes should serve their sentences in custody. Serious sexual offences, terrorism-related crimes, and repeat designated offences are considered incompatible with community-based sentencing options.
Prior Criminal History Restrictions
Offenders with recent convictions for designated offences face additional restrictions. The five-year lookback period ensures that repeat serious offenders cannot access ICO arrangements, maintaining the integrity of the community correction system and protecting public safety.
Conditions of an intensive corrections order
Section 82 of the Sentencing Act 2017 sets out the conditions that may be included on an ICO:
- That they be of good behaviour;
- That they undergo supervision by community corrections and obey their lawful directions;
- That they are not to possess firearms;
- That they undergo treatment for mental or physical condition;
- That they carry out unpaid community service work if they are unemployed.
Community corrections may require the person to live at a particular address, to abstain from drugs or alcohol, and to wear an electronic monitoring device, among other directions.
Mandatory Conditions
All ICOs include certain standard conditions that cannot be waived. These typically include regular reporting to community corrections, maintaining approved accommodation, and complying with curfew requirements. The good behaviour condition requires offenders to avoid committing any further offences during the ICO period.
Discretionary Conditions
Courts have broad discretion to impose additional conditions tailored to the specific offender and offence circumstances. These may include participation in rehabilitation programs, prohibition from certain locations or activities, and requirements for employment or education. Electronic monitoring is increasingly used for higher-risk offenders to ensure compliance with movement restrictions.
Duration
An ICO lasts for a period of up to two years.
The duration of an ICO corresponds directly to the length of imprisonment that would otherwise have been imposed. Courts cannot extend an ICO beyond the original custodial sentence length, ensuring proportionality between community-based and custodial sentences. The two-year maximum reflects the legislative intent to reserve ICOs for less serious offences that would attract shorter prison terms.
Breaching an intensive corrections order
Under section 91 of the Sentencing Act 2017, it is an offence to contravene the condition of an ICO. A person can be fined up to $2500 or imprisoned for up to six months for this offence.
Under section 83 of the Sentencing Act 2017, when a person breaches an ICO, the court must revoke the order and order them to serve the rest of the sentence in prison unless the breach is trivial or should be excused, in which case the court may instead vary the order.
Types of Breaches
ICO breaches can range from minor technical violations to serious criminal conduct. Common breaches include failing to report to community corrections, violating curfew conditions, consuming alcohol or drugs when prohibited, or changing residence without approval. New criminal offences committed during the ICO period constitute the most serious form of breach.
Court Response to Breaches
The Sentencing Act 2017 adopts a presumptive revocation approach, meaning courts must generally cancel the ICO and impose imprisonment unless exceptional circumstances exist. This strict approach ensures the integrity of the community corrections system and maintains public confidence in alternative sentencing options.
Benefits and Objectives of Intensive Correction Orders
ICOs serve multiple important functions within South Australia's criminal justice system. They provide courts with a middle-ground sentencing option between suspended sentences and immediate imprisonment, allowing for proportionate responses to mid-level offending. These orders help reduce prison overcrowding while maintaining community safety through intensive supervision.
Rehabilitation Focus
Unlike traditional imprisonment, ICOs enable offenders to maintain family relationships, employment, and community connections that support successful reintegration. The ability to mandate treatment programs, counselling, and education while serving the sentence enhances rehabilitation prospects and reduces recidivism rates.
Cost Effectiveness
Community-based sentences like ICOs cost significantly less than imprisonment while achieving similar deterrent effects. The savings to taxpayers are substantial, allowing resources to be redirected to other criminal justice priorities while maintaining appropriate punishment for offending behaviour.
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