The End Of Periodic Detention

Up until September 2010 a person convicted of a criminal offence which might have resulted in a short period of detention, could request that the sentence be served in the form of periodic detention which allowed many convicted people to maintain family and work relationships and serve a sentence at times of their choosing, generally on weekends. 

Due to the fact that there were many breaches of periodic detention orders and the ability to administer the program proved to be too difficult, the Government has revoked the concept of periodic detention and in its place introduced what is known as an “Intensive Correction Order” (“ICO”).  

This option has become available in NSW since the 1 October 2010.This order can be made to Defendants who are convicted of offences, which may result in imprisonment for a period of not more than two years. The Court may direct that the sentence is to be served by way of an intensive correction in the community rather than full time custody at a jail. There is no minimum length for an ICO although the maximum length can be no greater than two years. No parole period will be set. To comply with an ICO an offender must comply with strict conditions which include the following:-

(a) a minimum of 32 hours community service per month;
(b) participate in programs addressed to his or her offending behaviour as directed;
(c) be subject to drug testing;
(d)comply will all reasonable directions by the appointed supervisor.

It might also include and be subject to electronic monitoring,complying with a curfew, being subject to alcohol testing, be subject to random unannounced home visits and other related restrictions and/or requirements. An ICO can be considered by a Court when considering a sentence of an imprisonment of two years or less and that the offender is not being sentenced with a prescribed sexual offence.  To be considered as a suitable person for an ICO, a suitability assessment needs to be conducted.  The assessment will cover factors such as:- i. the offender’s age; ii. the offender’s criminal history; iii. any risks associated with managing the offender in the community; iv. the suitability of the offender’s accommodation including the  potential impact of an order on co-residents (children); v. whether there is a likelihood the offender may commit a domestic violence offence; vi.  whether or not the offender has a drug or alcohol dependency; vii.  whether the offender has a physical or mental health issue; The community will need to wait and see before it can determine the success of such programs however we believe it is an encouraging and enlightened approach to dealing with convicted felons rather than simply sending them to full time custodial sentences and overcrowded jails where the rate of recidivism is yet to decline significantly. Any criminal issues that might affect you or your family, please feel free to contact MBBF at anytime.