What is a Community Correction Order (‘CCO’)?
- A CCO is an order under the Sentencing Act 1991, and is often imposed as an alternative to imprisonment. Although a CCO is usually a form of punishment it is fundamentally different from a term of imprisonment, as it allows the offender to rehabilitate within the
How does it work?
- Certain conditions are attached to each CCO under s45 of the Sentencing Act, some examples such as the offender must:
- Not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
- Must notify the secretary of any change of address or employment within 2 clear working days after the change.
- Not leave Victoria except with the permission, either generally in relation to a particular case, of the Secretary.
- Additional conditions may be imposed under s47 of the Sentencing Act, and are based on the individual circumstances of a case. Division 4 of the Act gives some examples such as:
- An alcohol exclusion
- Imposing a
- Requiring the offender to perform unpaid community
I breached a Community Correction Order, what happens now?
Breaching a CCO is an offence under s83AD of the Sentencing Act 1991, as it states that “An offender who is subject to a community correction order must not contravene that order, unless the offender has reasonable excuse. ” This offence carries a maximum penalty of 3 months imprisonment. Additionally, breaching a CCO may also result in the offender facing additional penalties or consequences, including potential revocation of the order and further legal repercussions. Furthermore, individuals who have breached a CCO may also be subject to the provisions of the Family Violence Orders 2008, which aim to protect victims of domestic violence and prevent further harm. It is important for individuals to take their CCOs seriously and adhere to the conditions in order to avoid potential legal consequences.
This charge will be heard in the same court that imposed this order.
A report by Corrections Victoria will be created, this will outline the alleged conduct that warrants the breach.
The prosecution must prove that your offence is either in non-compliance with a lawful condition under section 45, or that you have committed an offence with a term of imprisonment. As a breach of this section relies on your conduct while the CCO is/was imposed on you, it is imperative that you seek advice from an experienced criminal lawyer that can plead your case effectively.
