What is a conditional release order?
A conditional release order is a sentence that requires you to not commit any further offences for a period of time. If you commit further offences during the period of the Conditional Release Order you can be re-sentenced for the offence to which the Conditional Release Order related. You may also receive a harsher penalty than was originally imposed.
Conditional Release Orders have conditions attached to them. If conditions are not complied with it can lead to the order being revoked and you being re-sentenced.
Conditional Release Orders can be imposed for a period of up to two years.
Courts can make a Conditional Release Order with or without a conviction. You can read more about having no conviction recorded here.
Below is information about Conditional Release Orders. If you need representation or criminal law advice, make a website enquiry or call our free 24/7 criminal law hotline on 8815 8167.
Conditions of Conditional Release Orders
The standard conditions of Conditional Release Orders are the following:
- A condition that you must not commit any offence,
- A condition that you must appear before the court if called on to do so at any time during the term of the community correction order.
Added conditions that are available to be imposed on you are the following:
- A supervision condition requiring you to submit to supervision by a community corrections officer.
- A rehabilitation or treatment condition requiring you to participate in a rehabilitation program or to receive treatment,
- An abstention condition requiring abstention from alcohol or drugs or both,
- A non-association condition prohibiting association with particular persons,
- A place restriction condition prohibiting the frequenting of or visits to a particular place or area.
Conditions that cannot be imposed on you are the following:
- A home detention condition,
- An electronic monitoring condition,
- A curfew condition,
- A community service work condition.
Can I change the conditions of a Conditional Release Order?
You or a community corrections officer can also apply to the court to add, vary or revoke the conditions. The Judge or Magistrate who hears the application for the conditions to be added, varied or revoked can refuse the application if it doesn’t have any merit to it.
What happens if I breach a Conditional Release Order?
You will be in breach if you commit a criminal offence while on the Conditional Release Order. Or if you do not comply with its conditions.
In dealing with the breach the Court can make one of the following decisions:
- Take no action on the breach; or
- Vary or revoke any of the added conditions, or impose further additional conditions; or
Revoke the order and re-sentence you.