Intensive Corrections Orders (NT)
In the Northern Territory, when a court sentences a person to a custodial term for a criminal offence, it may order that the time be served as an Intensive Corrections Order (ICO). This means that the person must live in the community under the supervision of Corrections and abide by conditions. If a person breaches an ICO, they may be resentenced for the offence, or ordered to serve the remainder of the term of the order in prison. This page deals with Intensive Corrections Orders in the NT.
Legislation
Subdivision 2 of the Sentencing Act 1995 empowers a court to make an intensive corrections order, sets out when this order may be made, the conditions that may be imposed, and how an ICO may be varied or revoked.
Purpose of intensive correction order
An intensive corrections order allows a person to be held accountable for their offending while continuing their activities – such as employment or study – in the community. It allows them to address the individual factors that contributed to their offending, such as by requiring them to take part in rehabilitative programs.
Making an ICO
A court can make an ICO if it considers that it is appropriate after the offender has been assessed by Corrections, a pre-sentence report prepared, and the court has considered the report.
An ICO may be made for a period of up to two years.
Conditions of an Intensive Corrections Order
All intensive corrections orders are subject to the conditions set out in section 47 of the Sentencing Act 1995.
These are:
- The offender must not commit another offence punishable by imprisonment
- The offender must be of good behaviour
- The offender is subject to the supervision of Probation and Parole, must report to an officer within two days of the order coming into force, and must abide by Chapter 4 of the Correctional Services Act
If the Commissioner of Corrections has reasonable grounds to do so, they may also require the offender to:
- reside at a specified place
- wear an electronic monitoring device for a specified period
- allow the placing and installation of anything necessary for the operation of the device.
Home detention condition
An ICO may have a home detention condition.
This is a condition that requires the offender to live at specified premises and:
- remain at those premises for at least 12 hours a day
- not leave the premises except as permitted by Probation and Parole.
Approved projects
An ICO may have a condition that the offender participate in an approved project. This may be a work placement or a rehabilitative program that has been approved by the Commissioner.
A court will not make an order with this condition unless satisfied that the offender is suitable to take part in the program, that the project is approved, and that all arrangements have been made for the person to take part in the program.
Revoking or varying an order
An ICO may be varied or revoked on application by the offender or by the Commissioner. If an order is revoked, the court may deal with the offender as if they had come before the court for sentencing for the offending.
If the offender applies to vary the order, the court may vary the order only if satisfied that the offender can no longer comply with the conditions because of a material change in circumstances.
In deciding whether to grant a variation, the court will consider the extent to which the person has complied with the order and any reports by the Commissioner.
Breaching an intensive correction order
If a person breaches an ICO, they may be summonsed or arrested and brought to court in relation to the breach.
If the court is satisfied that the order was breached, it may:
- confirm the order
- vary the order
- revoke the order and deal with the offender as if they had just been found guilty of the offence;
- sentence the offender to imprisonment for the remainder of the custodial term
- discharge the order and take no further action.
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