Intensive Corrections Order

A 21yr old man from Frankston, Vic was convicted after pleading guilty to criminal damage and in return was given eight months jail, to be served by way of an intensive corrections order. (Frankston Standard Leader 2011, p.2)

An Intensive Corrections Order (ICO) is an intermediate sanction. An ICO is defined as a term of imprisonment but is in fact served in the community. It is only executed for terms no greater than 12mths. The requirements placed on the offender are designed to ensure their rehabilitation and therefore hopefully reduce future offending. (Edney & Bagaric 2007, p.349)

If an offender is convicted of an offence and the court is considering sentencing him/her to a term of imprisonment of not more than one year the court may decide if they have received a pre-sentence report and that it is desirable to do so that the offender can serve their term by an Intensive Corrections Order. (Sentencing Act 1991, s19)

A court can only make such an order if the offender agrees to comply with the order, the sentence of imprisonment would not be appropriate with regard to the provisions of this Act and if the offender is convicted of more than one offence in the same proceeding for which the aggregate of all offences does not exceed one year. (Sentencing Act 1991, s19)

An intensive correction order is taken to be a sentence of imprisonment for all circumstances except any circumstances providing for disqualification for, loss of, office or the loss or suspension of pensions or other benefits. (Sentencing Act 1991, s19)

The period of the ICO is for the term of imprisonment executed. Any proceedings regarding a variation or breach of the ICO made on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought. (Sentencing Act 1991, s19)

On certification by the Secretary to the Department of Justice that all conditions of the ICO have been complied with the sentence of imprisonment will be taken to have been served and the offender discharged from it. (Sentencing Act 1991, s19)

There are core conditions which an offender must comply with. 1. The offender must not commit any other offence (within Australia) punishable by imprisonment during the period of their order; 2. The offender must report to specified community corrections centre within two day of the order coming into force; 3. The offender must report to or receive visits from a community corrections officer at least twice a week for the period of the ICO or unless specified in the order a shorter period;

4.

The offender attends the community corrections centre or as directed by community corrections officer for 12hrs each week for the period of the ICO (or a shorter period if specified) for the purpose of a. b. Performing unpaid community work for not less than 8 of those hours; and Using the balance of those hours (if any) undergoing counselling or treatment for psychiatric, drug or alcohol problems as directed;

5.

2 working days after any change of address or employment the offender must notify an officer of the community corrections centre;

6.

The offender must not leave Victoria without permission of an officer at the specified community corrections centre granted generally or in relation to the particular case; and

7.

All lawful instructions and directions of the community corrections officers must be obeyed;

An ICO must have all core conditions attached. (Sentencing Act 1991, s20)

There can be special conditions attached. If a pre-sentence report recommends it the court can attach a special condition that the offender attends one or more prescribed programs for the period of the order or shorter if specified. The program/s can be residential or community based and must be designed to address the underlying problems that contributed to the offenders criminal behaviour. (Sentencing Act 1991, s21)

The courts can fine the offender as well as order an ICO. (Sentencing Act 1991, s22) The Secretary to the Department of Justice may order a suspension of the ICO if the offender is ill or under other exceptional circumstances. (Sentencing Act 1991, s24)

An application for variation of ICO can also be made by the offender, a prescribed person or a member of a prescribed class of persons or the Director of Public Prosecutions. (Sentencing Act 1991, s25)

There are many varied outcomes for a breach of an ICO one of which can be the offender being sent to prison for the remaining term of their original sentence. (Sentencing Act 1991, s26)

The offender is receiving an eight month ICO for his crime which should provide specific deterrence for him to no re-offend. It has been contended that the most important consideration
regarding deterrence is not the penalty, but rather the perceived likelihood of apprehension.

(Edney &

Bagaric 2007)

Even though the offender is not being incapacitated in a prison he does suffer some degree of incapacitation by way of supervision or interference with his freedom which if only by reducing the number of hours in his day can reduce the chance/opportunity of re-offending. Incapacitation is also justified as providing community protection. (Edney & Bagaric 2007)

The aim of rehabilitation is to alter the values of the offender to educate them with the hope that they wont re-offend. Therefore hopefully the offender can be re-established within the community as a law abiding citizen. We have not been given any details about this

offenders ICO so rehabilitation in this case may or may not be met in this instance. (Edney & Bagaric 2007)

Denunciation of a crime is usually conveyed by the Magistrate/Judge/Justice to the offender and the community that criminal behaviour is wrong. There is no comment in the newspaper article regarding comments made by the courts which would usually convey the denunciation. Without knowing all the details of the case denunciation in this case may or may not be met. (Edney & Bagaric 2007)

I would like to have more information regarding the history of the offender, if there was a pre-sentence report I would like to know what that offered with regard to character of the offender and if there circumstances behind him going off the rails that day.

Basically I would want a lot more information before I were to make a decision about ordering a criminal conviction and affecting someones life. A criminal conviction is a very serious thing that will hang over his head for the rest of his life and considering nobody was hurt and we dont even know if he ever intended to hurt anyone with the knives I would give him release without conviction. Attached to that I would have him pay restitution to those effected financially and fine him.

My sanction would not physically incapacitate the offender but does have the threat of incapacitation and deterrence if breached. Again the threat of a much harsher penalty could serve as rehabilitation for the offender. The payment of fines and restitution to those affected I feel would serve as denunciation.

Community Based Order

A Karingal, Vic man was convicted of dangerous driving after pleading guilty and sentenced to a 12 month Community Based Order, 120 hours unpaid community work and had his license disqualified for 12 months. (Morris 2011)

A Community Based Order (CBO) can be ordered with or without conviction. It can be ordered in respect to any offence punishable by imprisonment or for a financial punishment greater than $550.00. A CBO can also be ordered with a term of imprisonment of not greater than three months. It is possible to have a work or program condition imposed on your CBO or a combination of both. All CBOs have conditions which must be met and include a requirement not to re-offend. (Edney & Bagaric 2007, p.348)

A court can only make a CBO when an offender has been convicted or found guilty of an offence or offences punishable by imprisonment or a fine of more than 5 penalty units, it has received a pre-sentence report and the offender agrees to comply with the order. (Sentencing Act 1991, s36)

A court can order a CBO in respect of an offender in addition to sentencing a term of imprisonment of not more than three months provided the sentence of imprisonment is not ordered to be served by way of intensive correction in the community or suspended in whole or part. (Sentencing Act 1991, s36)

A CBO must not exceed two years and for the purpose of any proceedings with regard to variation or breach, a CBO made on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought. (Sentencing Act 1991, s36)

There are several core conditions that must be followed when an offender is placed on a CBO. 1. The offender must not commit during the period of the order (within Australia) another offence punishable by imprisonment; 2. The offender must report to a specified community corrections centre within two working days after the order comes into effect; 3. 4. The offender must report to and receive visits from a community corrections officer; Any change of address or employment must be advised to a community corrections officer at the community corrections centre within two working days of the change; 5. The offender must not leave Victoria except with permission of an officer of the community corrections centre which could be granted either generally or in relation to the particular case; 6. The offender must obey all lawful instructions and directions of community corrections officers; A CBO must have all core conditions attached to it. (Sentencing Act 1991, s37)

Program conditions that apply to a community-based order are as follows 1. The offender must perform unpaid community work as directed by the Regional Manager for any period determined by the court in accordance with community service conditions; 2. 3. The offender must be under supervision by a community corrections officer; The offender must attend for educational or other programs as directed by the Regional Manager for a period of not less than one month or more than one year; 4. The offender must undergo assessment and treatment for alcohol or drug addiction or submit to medical, psychological or psychiatric treatment as directed by the Regional Manager; 5. 6. They must submit to testing for alcohol or drug use as directed; The offender must participate in the services specified in a justice plan subject to Division 6 of Part 3; 7. Any other conditions the court considers necessary or desirable, other than the making of restitution or the payment of compensation, costs or damages; A CBO must have at least one but can have more than one program condition and a court must not impose anymore conditions than necessary to achieve the purpose/s for which the order is made. (Sentencing Act 1991, s38)

There are community service conditions, supervision conditions and personal development conditions that can be imposed under a CBO. (Sentencing Act 1991, ss39-41)

The courts may also impose a fine authorised by law in addition to a CBO. (Sentencing Act 1991, s43)

The Secretary to the Department of Justice may under certain circumstances suspend a CBO. (Sentencing Act 1991, s45)

An application for a variation of a CBO can be made at any time by the offender, a prescribed person or a member of a prescribed class of persons or the Director of Public Prosecutions. (Sentencing Act 1991, s46)

There can be many varied outcomes for a breach of a CBO one of which can be the offender being sent to prison. (Sentencing Act 1991, s47)

The offender in this case is being deterred by way of a 12mth CBO which should provide specific deterrence for him not to re-offend. Although not incapacitated in prison he does suffer some degree of incapacitation by way of supervision or interference with his freedom and also by the loss of his license for 12mths. Rehabilitation should be achieved by any programs the courts order although none are listed in the newspaper. Denunciation should be achieved with the 120hrs of unpaid community work and also with the message Magistrate Ross Betts sent about the offenders behaviour being unacceptable.

In my opinion I feel the sanctions given were fair. I agree with him having his licence suspended and if anything I would have cancelled his license. I hope the unpaid community work will give the offender time to realise the stupidity of his actions and hopefully by giving something back to community he will change his outlook on how others actions can affect other people.