Area of Law – Sentencing

An Article about Intensive Corrections Order (ICO)

Intensive Correction Order
An intensive corrections order is made subject to section 19 of the Sentencing Act.

It involves two days a week of community work and a number of other core conditions. Because of their heavy obligations they are orders that people often fail to complete and end up being re-sentenced (generally to gaol terms).

An ICO is generally ordered where the offending seems too serious for a straight community based order and the Judge or Magistrate is trying to avoid sending the accused to prison.

The Sentencing Act says the following about intensive corrections orders (ICO)

“19. Intensive correction order

(1) If a person is convicted by a court of an offence and the court-

(a) is considering sentencing him or her to a term of imprisonment; and

(b) has received a pre-sentence report-

the court, if satisfied that it is desirable to do so in the circumstances, may impose a sentence of imprisonment of not more than one year and order that it be served by way of intensive correction in the community.

(2) A court may only make an intensive correction order if the offender agrees to comply with the order.

(3) A court must not make an intensive correction order if the sentence of imprisonment by itself would not be appropriate in the circumstances having regard to the provisions of this Act.

(4) If an offender is convicted of more than one offence in the same proceeding the court may only make an intensive correction order if the aggregate period of imprisonment imposed in respect of all the offences does not exceed one year.”

 

Date: 09/01/2009