Section 10

What is a conditional release order (CRO)?

A conditional release order is an alternative to a term of imprisonment or a fine in the case of criminal or traffic offences. These types of orders have strict conditions which, if broken, will have harsh penalties as a result. These penalties are in place for both punishment and deterrence so that people have more incentive to comply with their conditions.  

A conditional release order in NSW can be made for a maximum period of two years. The standard conditions which will be placed on you if you receive this type of order are; 

1. That you must not commit an offence during the life of the order; and
2. That you must appear before the court, if called on to do so at any time during the life of the order;

Other conditions which may be placed on you, are determined by what type of order is placed on you. The additional conditions may be any of the following; 

1. A requirement to participate in in a rehabilitation program, or to receive some form of treatment; 
2. Abstinence from either alcohol, drugs or both; 
3. A non-association condition (i.e. people you are not allowed to come into contact with);
4. A place restriction (i.e. Places you are not allowed to visit, perhaps, licenced premises);
5. A curfew requirement (i.e. certain time you are required to be within your home); 
6. A residential requirement (i.e. you must reside in the same home for the term of the order);
7. If the order is in relation to a traffic offence, you may have restrictions on where and at what time you can drive; 
8. There may be a licence disqualification for a period of time or a deduction of demerit points. You would also be unable to gain any further demerit points because to do so would be to commit a traffic offence; and 
9. You may also have an interlocutory system placed within your vehicle (i.e. a breathalyser which upon a negative reading allows you to start the vehicle), if an offence relates to a charge of drink driving.
10. These are only some of the conditions that may be imposed. 

In the event you do breach the conditions of your release order or you commit a further offence, it will be the discretion of the magistrate as to what consequences you receive. In limited circumstances, and heavily dependent on the type of breach, you will not receive any further consequences. However, the following are the more likely options; 

1. The order will be varied and additional conditions will be imposed; or
2. Revoke the order and resentence the offender.

The court has the option available to them to seek a sentencing assessment report prior to dealing with a matter of breach, which will provide them further insight into how you have been complying with other aspects of the order and whether it would be appropriate to continue with a varied order rather than impose a harsher sentence such as a term of imprisonment. 

If you believe you have breached a conditional release order then it is important that first and foremost, you contact a lawyer for advice.

Is a good behaviour bond a type of conditional release order?

A good behaviour bond is an order which allows a magistrate to release an offender back into the community instead of requiring them to serve a term of imprisonment. A good behaviour bond is a type of conditional release order which also requires that the offender not commit any further offences and that they not fail to appear before the court if asked. 

Good behaviour bonds do not come with a criminal conviction and a fine cannot also be imposed at the same time as a good behaviour bond. 

It is always best to contact a lawyer to see whether you are eligible for a good behaviour bond or any other form of conditional release order.