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Crimes (Sentencing) Act 2005
11Intensive correction orders
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11 Intensive correction orders
(1) This section applies if an adult offender is convicted of an offence
and the court imposes a sentence of imprisonment.
(2) If the sentence of imprisonment is for not more than 2 years the court
may order that the sentence be served by intensive correction in the
community (an intensive correction order).
(3) The court may make an intensive correction order if the sentence of
imprisonment is for more than 2 years but not more than 4 years, but
only if the court considers it is appropriate to do so, having regard
to—
(a) the level of harm to the victim and the community caused by the
offence; and
(b) whether the offender poses a risk to 1 or more people or the
community; and
(c) the offender’s culpability for the offence having regard to all the
circumstances.
Note An intensive correction order must not be combined with a sentence of
full-time imprisonment, a suspended sentence of imprisonment or a good
behaviour order (see s 29 (1) (b)).
(4) An intensive correction order must include the core conditions
mentioned in the Crimes (Sentence Administration) Act 2005,
section 42.
(5) An intensive correction order may include 1 or more of the following
additional conditions that can reasonably be complied with within the
term of the order:
(a) a community service condition;
(b) a rehabilitation program condition;
(c) that the offender comply with a reparation order, a
non-association order or place restriction order;
(d) a condition prescribed by regulation;
(e) any other condition, not inconsistent with this Act or the Crimes
(Sentence Administration) Act 2005, that the court considers
Examples—conditions for s (5) (e)
1 that the offender undertake medical treatment and supervision (eg by taking
medication and cooperating with medical assessments)
2 that the offender supply samples of blood, breath, hair, saliva or urine for
alcohol or drug testing if required by a corrections officer
3 that the offender attend educational, vocational, psychological, psychiatric or
other programs or counselling
4 that the offender not drive a motor vehicle or consume alcohol or
non-prescription drugs or medications
5 that the offender regularly attend alcohol or drug management programs
Note For core conditions of an intensive correction order, see the Crimes
(Sentence Administration) Act 2005, s 42.
(6) An intensive correction order may also include a curfew condition if
the court is satisfied that each adult who is living at the curfew place
or has parental responsibility or guardianship for a person who is
living at the curfew place consents to the curfew.
(7) This section is subject to chapter 5 (Imprisonment).