Community service order program nsw

May be imposed by the court at sentence: s 73B 1. Must not be: Inconsistent with standard or additional conditions whether or not the additional condition is imposed : s 73B 2. May be imposed by the court at sentence or subsequently on application: s 90 1. Must not be: Inconsistent with standard or additional conditions whether or not the additional condition is imposed Impermissible under s 89 3 : s 90 2. May be imposed by the court at sentence or subsequently on application: s 99A 1.

Must not be: Inconsistent with standard or additional conditions whether or not the additional condition is imposed Impermissible under s 99 3 : s 99A 2.

Times when the report may be requested. Report type Contents Minimum timeframe Assessment report Background, community service, supervision 6 weeks Assessment report with home detention Background, community service, supervision, home detention only available after imprisonment is imposed 6 weeks Home detention assessment only Home detention when imprisonment is imposed and an ordinary assessment report has already been provided 3 weeks Specific purpose assessment Specific issue identified by court eg accommodation, rehabilitation availability 3 weeks Community service assessment only Community service 3 weeks Update sentencing assessment Update to report previously provided 3 weeks Court duty Community service or a general indication of supervision suitability only if a court duty officer is available Same day.

Matters the report must address. Hierarchy where multiple orders. Community service work conditions. Curfew conditions. Any excess is to be disregarded: s 17H 3 a the offender is required in the hour period to observe only the curfew imposed by the one curfew condition that specifies the most hours: s 17H 3 b. Taken to be an intensive correction order ICO subject to: Standard ICO conditions under s 73 2 A home detention condition Any conditions imposed under s 1 b or c or s 2 a rep Crimes Administration of Sentences Act and in force immediately before 24 September in respect of the home detention order Any other conditions prescribed by or determined under the regulations.

Taken to be an intensive correction order ICO subject to: Standard ICO conditions under s 73 2 Any conditions imposed under s 81 3 rep Crimes Administration of Sentences Act and in force immediately before 24 September A condition that requires the offender to undertake a minimum of 32 hours of community service work a month, as directed by a community corrections officer Any other conditions prescribed by or determined under the regulations.

Taken to be a community correction order CCO subject to: The standard condition under s 88 2 b — that the offender must appear before the court if called on to do so at any time during the term of the order A community service work condition specifying the same number of hours required for the performance of community service work as were specified in the community service order Any other conditions prescribed by or determined under the regulations An additional condition under s 89 2 c a rehabilitation or treatment condition , if the community service order had a condition of participation in a development program under s 90 rep as in force before 24 September An expiry date 12 months from the date of the order if the required number of hours is less than , or 18 months from the date of the order if the required number of hours is or more or if the order is extended for any further period before the commencement day, at the end of that further period.

Taken to be a community correction order CCO subject to: Standard CCO conditions under s 88 2 Any conditions referred to in s 95 c rep Crimes Sentencing Procedure Act that were imposed on the s 9 bond before 24 September and in force immediately before that day Any other conditions prescribed by or determined under the regulations.

Taken to be a conditional release order CRO without conviction subject to: Standard CRO conditions under s 98 2 Any conditions referred to in s 95 c rep Crimes Sentencing Procedure Act that were imposed on the s 9 bond before 24 September and in force immediately before that day Any other conditions prescribed by or determined under the regulations. Conditions which are not available s 89 3 : Home detention Electronic monitoring Curfew exceeding 12 hours in any hour period.

Conditions which are not available s 99 3 : Home detention Electronic monitoring Curfew Community service work. Karina Diec. Rasheen Mahmodian. Mehmet Yilmaz. Barristers We Instruct. Clive Steirn. William Brewer. Luke Brasch. Jack Tyler-Stott. Wali Shukoor.

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A CSO is an important sentencing alternative for the courts. A CSO is not to be equated with alternative forms of imprisonment such as intensive correction orders, home detention and suspended sentences , however, a CSO may only be imposed for offences which are punishable by imprisonment.

An exception to that rule is the offence of offensive language under s 4A Summary Offences Act see s 4A 3. Another exception is s 58 1 Fines Act Part 4 Div 5 ss 78—86 Fines Act sets out various provisions which govern that scenario.

Section 8 is subject to the provisions of Pt 7 of the Act: s 8 4. However, it does not apply to an offender to whom the Children Community Service Orders Act applies: s 8 3. This may include the removal of graffiti and the restoration of the appearance of some things in consequence upon the removal of graffiti: s 91 Crimes Sentencing Procedure Act. As noted above, the maximum number of hours of community service that a court is empowered to impose for any one offence is hours or the number of hours limited by the regulations: s 8 2 Crimes Sentencing Procedure Act.

Clause 22 Crimes Sentencing Procedure Regulation limits the number of hours of community service work that may be imposed depending on the maximum term of imprisonment available for the offence. It provides the following limits to the duration of a CSO:. An offender must not be directed to perform more than 8 hours of community service work in any one day or participate in a development program for more than 5 hours in any one day, except by agreement between the offender and the assigned officer: cl Crimes Administration of Sentences Regulation In deciding on whether to order a CSO, the court must have regard to the contents of an assessment report and such evidence from probation and parole officers as the court considers necessary: s 86 2.

Although a court may decline to make a CSO despite a favourable assessment report s 86 3 , the converse is not true. The making of a CSO is contingent upon a favourable report. Character Reference for Court. Letters of Apology. Sentencing in NSW. Going to Prison. Mental Health Law. Police Complaints. NSW Community Corrections. NSW Police Prosecutors. Criminal Law Links and Contacts.

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Who is eligible for community service? What are the conditions of community service? These can include: Participating in the community service work at specific designated times. Following instructions from a nominated supervisor.

Not turning up to do community service while under the influence of drugs or alcohol. Undertaking the requested work to a required standard. Keeping any tools or clothing issued to you in reasonable condition. Maintaining a required standard of personal hygiene and dress. Adhering to required safety standards and procedures while working. Agreeing to consent to medical examination if required.