Intensive Correction Order

Abolition of Periodic Detention and commencement of the Intensive Correction Order

From 1 October 2010, Periodic Detention ceased to be a sentencing option in NSW and a new community sentencing option called an Intensive Correction Order (ICO) became available.

How do I find the law relating to an ICO?

The laws relating to this change are contained in the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010.

This Act amends 4 principal pieces of legislation, namely:

the Crimes (Sentencing Procedure) Act 1999;
the Crimes(Administration of Sentences) Act 1999;
the Crimes (Sentencing Procedure)Regulation 2010; and
the Crimes (Administration of Sentences) Regulation 2008

It also made consequential amendments to other Acts.

All of the amendments contained in the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 have now been incorporated into the Acts and Regulations which it amended.

If you decide to view the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 then you must be aware that it is the static form of the legislation as it was originally enacted. Therefore, any other amendments to those provisions contained in that Act are not included.

Only consolidated versions of legislation (ie, versions with subsequent amendments included) should be viewed in order to read the current version of the law. For consolidated and constantly updated versions of legislation that is still in force go to: www.legislation.nsw.gov.au and click on Search In Force.

What is an ICO?

An ICO is an order of imprisonment for not more than 2 years made by a court, which directs that the sentence is to be served by way of intensive correction in the community. An ICO is served in the community under the strict supervision of Corrective Services NSW (CSNSW) rather than in full-time custody in a correctional centre.

More information may be found in the ICO Brochure.

After 1 October 2010, what happens to a person subject to a Periodic Detention Order?

An offender who is, prior to 1 October 2010, sentenced to a Periodic Detention Order, continues to serve this order until it is completed.

The Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 preserves the operation of the law relating to Periodic Detention Orders.

Is the ICO legislation to be reviewed or monitored?

Yes. The New South Wales Sentencing Council will report annually on the use of the ICO and will review its operation after five years. In addition, the New South Wales Bureau of Crime Statistics and Research (BOCSAR) will be asked to measure the effectiveness of the order in reducing re-offending.

For further information refer to section 73A of the Crimes (Sentencing Procedure) Act 1999.

Are there any conditions that an offender is subject to when sentenced to an ICO?

Yes – there are mandatory conditions and there may also be additional conditions.

The mandatory conditions are listed in clause 175 of the Crimes (Administration of Sentences) Regulation 2008.

The additional conditions are made by the sentencing court and are limited to:

conditions prescribed by the regulations as additional conditions that can be imposed by the sentencing court, and
such other conditions as the court considers necessary or desirable for reducing the likelihood of the offender re-offending.

The conditions prescribed in the regulations are listed in clause 176 of the Crimes (Administration of Sentences) Regulation 2008.

The sentencing court may at the time of sentence, or subsequently on the application of the Commissioner of Corrective Services NSW or the offender:

impose additional conditions on an intensive correction order, or
vary or revoke any additional conditions imposed by it on an intensive correction order.

If an offender wishes to apply to the court for the imposition, variation or revocation of an additional condition, then the offender should use this Form

May the mandatory or additional conditions be varied?

The mandatory conditions are prescribed in the clause 175 of the Crimes (Administration of Sentences) Regulation 2008 and are not able to be varied. However, you will see from the wording of the mandatory conditions that some of them apply as a CSNSW supervisor may direct.

However, if an offender wishes to apply to the court for a variation or revocation of an existing additional condition (or wishes to ask the court to impose a new additional condition), then the offender should use this Form.