An ICO Order – In A Nutshell
An intensive corrections order (ICO) is a court sentence served in the community rather than in a prison facility. The ICO has strict conditions that, if not followed precisely, can result in various consequences.
Our trusted Sydney criminal lawyers are prepared and motivated to help you navigate your ICO.
Continue reading as we explain what you need to know about this order. Please note that this article concerns ICOs in New South Wales. Contact our offices for legal support or any questions or concerns about your order.
Disclaimer: The content of this blog is intended for general informational purposes only and should not be considered expert legal advice regarding intensive corrections orders (ICOs) in New South Wales. For personalised and professional legal advice, please contact us to schedule a consultation at (02) 8378 8585.
Overview Of Intensive Corrections Orders
ICOs Are Designed To Be Alternatives To Full-Time Imprisonment
This court sentence allows an individual to complete their sentence in the community, under strict supervision, rather than within a prison. Once a court has deemed a person eligible for an ICO and decides on this order, they will provide various conditions upon which the order is contingent. Failure to comply with these conditions can result in several consequences, including revocation of the order.
We’ve outlined the critical points of ICOs below to enhance your understanding of this order and our recommendations.
Am I Eligible For An Intensive Corrections Order?
There Are Multiple Items To Consider When Establishing Eligibility For An Intensive Corrections Order
Sentence Length
You may be eligible for an ICO if your sentence is less than two years. As stated in Section 11 of the Crimes (Sentencing) Act 2005, an ICO cannot be ordered for a single offence for which the sentence exceeds two years.
Perhaps you have multiple sentences from multiple offences. If this is the case, two or more ICOs for two or more violations are legally acceptable so long as the total penalty does not exceed three years. None of the crimes falls under a list of disqualifying offences, as outlined below.
Offence Type
Paramount consideration for an ICO Order or the eligibility for an ICO also depends on your reason for your terms of imprisonment. Section 67 of the Crimes (Sentencing Procedure) Act 1999 outlines the offences that exclude a person from an ICO.
Here are some disqualifying offences:
- Terrorism
- An Offence Involving The Discharge Of A Firearm
- A Violation Of A Public Safety Order
Age Of Offender
An ICO may not be granted to individuals under the age of 18.
Jurisdiction
A person must live in this state to qualify for an ICO. Suppose an individual does not reside in NSW or intends to move to another state or territory. In that case, they are ineligible for an ICO.
Wondering if you are eligible for an ICO? Give us a call for a free consultation.
What Are The Requirements For Intensive Corrections Orders?
ICO Orders Are Subject To A Wide Range Of Conditions. Here Are Some Requirements You Can Expect From Your Order
Standard Requirements
There are two standard ICO conditions imposed during the sentence: the offender cannot commit a crime, and they must submit to supervision by a community corrections officer.
Additional Requirements
Courts may impose specific conditions and regulations on your sentences, such as community service work and restricted alcohol consumption. Typically one additional requirement will be imposed at the time of sentencing (on top of the standard requirements).
Below is a list of other standard additional requirements for ICOs.
- A Curfew
- Home Detention
- An Electronic Monitoring Device
- Participation In A Rehabilitation Program
- A Prohibition From Certain Places
Regarding community service, there are stipulated requirements for the timeline and maximum hours to be assigned during a sentence. These requirements depend on your sentence length. A person may be assigned anywhere from 100 to 750 hours of community service and have a minimum of six months to two years to fulfil these hours.
Can Intensive Corrections Orders Be Revoked?
Breaching An ICO Can Result In Various Consequences, Including Revocation Of The Order
Any time a person violates their ICO, a community corrections officer will take action. The violation’s severity determines this action.
If the breach is not very serious, the officer may impose a curfew, provide a formal or informal warning to the offender, or take no action.
Perhaps the violation is more severe. In this case, the officer can amend the order by imposing additional conditions on the ICO or revoke the order entirely.
In the event of a revoked ICO, a warrant for the offender’s arrest is issued, and the sentence terminates. Upon revocation, the offender will receive a new sentence. The remainder of the sentence may be carried out in a prison facility.
That said, it is of paramount importance that you fully understand your ICO and all its conditions.
What Are My Options?
Navigating Your Intensive Corrections Order Can Be Confusing And Overwhelming. The Legal Team At JJ Lawyers Is Equipped To Assist You Throughout This Process
ICOs are a preferable alternative to full-time imprisonment, but these orders are quite complex and require thorough comprehension. We know that the intricacies of an ICO are not easily understood, so our expert team is ready to serve you.
Maybe you have breached your order or are wondering if you are eligible for one. In any case, it’s best to seek legal guidance regarding ICOs. We understand that every circumstance is unique.
Our team of lawyers will ensure the presiding judge or magistrate is provided with all of the necessary information to best assess your specific situation. This counsel will frequently result in a lighter sentence.
Contact JJ Lawyers Today – CALL US 24/7 (02) 8005 3075
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