What is a Conditional Release Order?
What is a Conditional Release Order
and what happens if I breach it?
What is a Conditional Release Order?
A Conditional Release Order, commonly referred to as a CRO, is a sentencing option available to the Court as an alternative to imprisonment or a fine. It is one of the most lenient sentencing outcomes available. It is essentially a good behaviour bond and can be imposed with a conviction or without a conviction.
You can find out more about other sentence options available to the Court here.
The relevant legislation is Section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
There are two standard conditions that are imposed with a Conditional Release Order, that the person must, for the duration of the bond:
Not commit any offence; and
Appear before the Court if they are called upon to do so during the term of the CRO.
The Court can also impose any of the following conditions:
Participating in a rehabilitation or treatment program;
Abstaining from alcohol and/or drugs;
Prohibitions on associating with a particular person(s);
Prohibition from going to or visiting a particular place or area;
Supervision by Community Corrections (or a juvenile justice officer if under 18 years old).
For domestic violence offences, the Court must impose a supervised Conditional Release Order unless the Court is satisfied that another sentencing option is appropriate in the circumstances of the matter.
When will the Court impose a Conditional Release Order?
In deciding whether to impose a Conditional Release Order, the court takes into account:
Your character, antecedents, age, health and mental condition;
Whether the offence is of a trivial nature;
The extenuating circumstances in which the offence was committed;
Any other matter the court things proper to consider.
How long does a conditional release order last?
A Conditional Release Order can be imposed for a period of up to two years.
Will I have a conviction under a Conditional Release Order?
Conditional Release Orders can be imposed with, or without a conviction. There are many things that can make the difference between a conviction and a non-conviction outcome. Getting advice early from one of our criminal defence lawyers can make all the difference.
What happens if I breach a Conditional Release Order?
If you breach a CRO, you will have to appear at Court. The Court will consider your matter and can make one of the following decisions:
To take no action
To revoke the CRO and re-sentence you
Amend or continue the conditions of the existing CRO.
