Intensive Correction Orders (ACT)

In the ACT, an adult who is sentenced to a term of imprisonment can be ordered to serve their sentence as an intensive correction order (ICO). This is a form of imprisonment that is served while living in the community under strict conditions and supervision. This page deals with intensive correction orders in the ACT.

Legislation

Under section 11 of the Crime (Sentencing) Act 2005, a court can order a sentence be served as an intensive correction order if the sentence is for more than two but not more than four years and where an ICO is appropriate given:

• the level of harm to the victim and the community
• whether the offender poses a risk to one or more people in the community
• the offender’s culpability in relation to the offence in all the circumstances.

An ICO can include conditions that the offender must perform community service; that they must take part in rehabilitation programs; or that they comply with a reparation order, non-association order or a place restriction order.

Assessment for an ICO

A person will only be sentenced to an ICO if they have been assessed by a Corrections officer as suitable for an ICO. This assessment will be based on all the person’s circumstances including their willingness and ability to comply with the conditions of an order.

Conviction

If a person is sentenced to an ICO, a conviction will be recorded.

Obligations

Under section 42 of the Crimes (Sentence Administration) Act 2005, an ICO is subject to the following core conditions:

• not to commit an offence punishable by imprisonment
• to inform Correction if they are charged with an offence
• to inform Corrections if their contact details change
• to comply with the direction of Corrections, including directions about the address to live at, programs to undertake and reporting
• not to leave the ACT without permission

Community service conditions

An intensive correction order may include a condition that the offender must perform community work if this is appropriate. A person can be required to perform between 20 and 500 hours of community work.

The maximum period within which community work must be completed is as follows:

• Less than 125 hours – six months
• 125 – 250 hours – 12 months
• More than 250 hours – 24 months

If a person is sentenced to two ICOs that include community service conditions, the periods during which the work must be performed may run either consecutively or concurrently. However, the total number of hours across the two orders must not be more than 500.

Rehabilitation conditions

An ICO may include a condition that the offender must take part in rehabilitation programs. This condition may include:

• the program they must attend
• the place and time that they must report for the program
• the person to whom they must report

Breaches of ICOs

If a person breaches the conditions of their ICO, this will be reported to the Sentence Administration Board. The Board may give the offender a warning, suspend the order, cancel the order, or refer the matter to a court.

If a person who has been sentenced to an ICO is found guilty of another offence while on the order, the court must cancel the ICO and order them to serve the rest of the sentence in prison (unless it is not in the interests of justice to do so). If the court finds that it is not in the interests of justice to cancel the ICO, it must give reasons.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.