Intensive Correction Orders (SA)
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.
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 IC 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.
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.
Condition 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 of 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.
Duration
An ICO lasts for a period of up to two years.
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.
Young offenders
In South Australia, a young offender cannot be sentenced to an intensive corrections order. Under section 23 of the Young Offenders Act 1993, a juvenile offender who is ordered to serve a custodial term by the Youth Court must do so either in youth detention or in the form of home detention.
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