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Breach of Community Corrections Order

Breach of a community corrections order (CCO) will be laid against someone who is alleged to have violated the conditions of an existing CCO.

Although a common offence, it is one that may have serious consequences as you can be resentenced on the criminal charges for which you originally got a CCO.

In order to prove that this offence did occur, the prosecution needs to establish whether there is an existing CCO for the accused; and if so, whether the accused acted in a way that contravenes any of the conditions in the Community Corrections Order.

The defence to these charges is often that the breach was unintended or there were mitigating reasons why it occurred. For example, the accused might have been unable to show up for community service due to a sickness; or that the accused might have provided a medical certificate as proof of sickness but that certificate was lost by the Corrections Office.

Breach of a CCO carries a maximum prison term of 3 months and is heard in the court which made the Community Corrections Order. Breachs of these orders can have serious consequences as the accused may also be required to serve the remaining time on the community corrections order in prison.

Laws for this offence come from section 83AD of the Sentencing Act 1991.

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