Crimes (Sentencing) Act 2005

This section applies if an adult offender is convicted of an offence and the court imposes a sentence of imprisonment.

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).

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—

the level of harm to the victim and the community caused by the offence; and

whether the offender poses a risk to 1 or more people or the community; and

the offender’s culpability for the offence having regard to all the circumstances.

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)).

An intensive correction order must include the core conditions mentioned in the Crimes (Sentence Administration) Act 2005, section 42.

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 community service condition;

a rehabilitation program condition;

that the offender comply with a reparation order, a non‑association order or place restriction order;

a condition prescribed by regulation;

any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate.

For core conditions of an intensive correction order, see the Crimes (Sentence Administration) Act 2005, s 42.

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.

This section is subject to chapter 5 (Imprisonment).