Breaching a Community Correction Order

Jul 19, 2024 | Uncategorized

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.

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.