Sentencing in Criminal Cases

Criminal Sentencing Options

Criminal sentencing options that the courts can give include:

• custodial sentences or imprisonment
• non-custodial alternatives, such as orders or bonds.

The New South Wales Local Court also has a number of programs that may be recommended by the magistrate to address underlying causes of offending. See the DCJ website for Diversion and Therapeutic Programs.

Issues taken into account in sentencing

For information on the main issues that judges and magistrates take into account when sentencing an offender, see 'Sentencing Bench Book a guide to sentencing in Australia' published by the Judicial Commission of New South Wales.

Non-Custodial Alternatives

These are some of the penalties or orders that a court can make that do not involve imprisonment.

Community Correction Order

A Community Correction Order (CCO) is a community based sentencing option that a judicial officer may consider a suitable alternative to a term of imprisonment. A CCO will have standard conditions which includes that an offender must not commit any offence.

A CCO may also include additional and/or further conditions dependent on the type of offence, community safety, and an offender's circumstances. Additional conditions may include supervision, community service work, curfews, alcohol and drug abstinence, non-association, place restriction, programs and treatment.

Conditional Release Order

A Conditional Release Order (CRO) is a community based sentencing option that provides the court with an option to divert low-risk and less serious offenders away from the criminal justice system. A CRO can be imposed with or without conviction.

A CRO will have standard conditions which includes that an offender must not commit any offence. A CRO may also include additional and/or further conditions dependant on the type of offence, community safety, and an offender's circumstances. Additional conditions may include supervision, alcohol and drug abstinence, non-association, place restriction, programs and treatment.

Driver Disqualification

In driving offences, a court can impose a driving disqualification period that prevents a person from driving for a period of time.

Fines and Monetary Orders

A fine or monetary order is a sum of money that has to be paid. Monetary orders include court costs, witness expenses, compensation and professional costs.

Custodial Sentencing Options

A custodial sentencing option can be served by way of imprisonment in a gaol or in the community via a Intensive Correction Order.

Imprisonment

People found guilty of serious offences may be sentenced to a period of imprisonment and held in an adult correctional centre.

Intensive Correction Order

An Intensive Correction Order (ICO) is a term of imprisonment that is served in the community. Community safety is the court's paramount consideration when imposing an ICO.

Supervision is a mandatory condition, as well as at least one additional condition. The severity of an ICO can be strengthened by the layering of additional conditions such as home detention, electronic monitoring, curfews, community service work, alcohol and drug abstinence, place restrictions, programs and treatment.