In Australia, the justice system is shifting away from a strict “lock ’em up” approach, increasingly favouring conditional release orders (CROs) as an alternative to imprisonment. This change reflects a growing recognition that rehabilitation—rather than incarceration—is often the more effective path, especially for minor offenders. But what exactly are conditional release orders, and how do they work?
What Are Conditional Release Orders?
Conditional release orders (CROs) allow offenders to serve their sentences in the community under court-imposed conditions instead of behind bars. These orders, introduced in New South Wales on 24 September 2018 as part of reforms to the Crimes (Sentencing Procedure) Act 1999 [The Act], are designed to promote rehabilitation while still holding offenders accountable.
CROs are considered a middle-ground approach to sentencing—stricter than a dismissal or a simple good behaviour bond but less punitive than full-time imprisonment. They enable courts to impose necessary restrictions and obligations on an offender while recognising that not all crimes warrant a custodial sentence. Unlike harsher sentencing options, CROs offer a second chance for low-risk offenders, ensuring they contribute to society rather than being locked away.
Types of Conditional Release Orders
Australian courts can impose different types of conditional release orders, depending on the severity of the offence and the offender’s circumstances. Understanding these variations is crucial for both legal professionals and individuals navigating the justice system.
Conditional Release Orders With Conviction
A CRO with conviction means the court records a conviction but still allows the offender to remain in the community under conditions. This type of order serves as a deterrent while offering the offender an opportunity for rehabilitation outside prison walls.
Conditional Release Orders Without Conviction
Under Section 10(1)(b) of the Act, a court may impose a CRO without recording a conviction. A Section 10 CRO is often sought by defence lawyers because it allows first-time offenders or those with minor offences to demonstrate rehabilitation without the stigma of a recorded conviction.
Supervised Conditional Release Orders
For cases requiring closer monitoring, courts may impose supervision conditions, requiring the offender to report to a community corrections officer. Supervision is mandatory for domestic violence offences unless the court deems another approach more suitable. These supervised orders help ensure compliance with the law and allow authorities to intervene if an offender struggles to adhere to their conditions.
Who Is Eligible for a Conditional Release Order?
Conditional release orders are often granted for minor, non-violent offences. Some examples include:
- Low-level drug possession
- Shoplifting or minor theft
- Traffic offences (e.g., driving without a valid licence)
- Public intoxication or disorderly conduct
- Breach of peace offences
Courts consider several factors when deciding whether to grant a conditional release order, including:
- The offender’s personal background, including age, character, and mental health
- Whether the crime was minor or not very serious
- Any unusual circumstances that may have influenced the crime
- Any other important details the court thinks matter
CROs are generally reserved for minor offences and first-time offenders, while those charged with serious crimes—such as violent offences or crimes with mandatory minimum sentences—are unlikely to be eligible. The intention behind these orders is to offer a proportionate response to low-level criminal behaviour, ensuring that minor offenders are not subjected to the negative consequences of incarceration.
Standard Conditions of Conditional Release Orders
Every conditional release order has two mandatory conditions:
- The offender must not commit any further offences during the order period.
- The offender must appear before the court if required.
These conditions remain in place for the entire duration of the order and cannot be removed. They are designed to encourage compliance with the law and to deter repeat offences.
Additional Conditions
|
May Be Imposed |
Cannot Be Imposed |
|
Rehabilitation or treatment programs (e.g., drug and alcohol counselling) |
Home detention |
|
No-contact orders (prohibiting interaction with certain individuals) |
Electronic monitoring |
|
Place restrictions (banning the offender from specific locations) |
Curfews |
| Supervision by a community corrections officer |
Community service work |
|
Fines |
These additional conditions ensure that offenders receive the necessary support to address the underlying causes of their criminal behaviour while mitigating any potential risk to the community. Meanwhile, legal restrictions ensure that CROs remain distinct from other forms of sentencing, such as intensive correction orders or good behaviour bonds.
How Conditional Release Orders Affect Your Criminal Record
The impact of a conditional release order on your record depends on whether a conviction was recorded:
- With conviction: The offence will appear on your record but may be “spent”, that is, removed from background checks after 10 years if you commit no further crime.
- Without conviction (Section 10): No conviction is recorded, but the offence may appear on your record for the duration of the order.
Understanding these implications is crucial if you are concerned about the long-term consequences of their sentence, particularly regarding employment and travel opportunities.
Breaching a Conditional Release Order
Failing to comply with a conditional release order can have serious consequences. If an offender breaches their CRO—whether by committing another offence or failing to meet conditions—the court may:
- Take no action (for minor breaches)
- Modify the conditions or impose additional ones
- Revoke the order and resentence the offender—often leading to harsher penalties
Repeated or significant breaches can result in imprisonment or more severe penalties. Compliance is crucial.
Commonly Asked Questions About Conditional Release Orders
Can a Conditional Release Order Be Changed?
Yes. While standard conditions cannot be changed, courts can vary, add, or remove additional conditions under Sections 99 or 99A of the Crimes (Sentencing Procedure) Act 1999. An offender, a community corrections officer, or a juvenile justice officer can apply to have conditions adjusted, but applications must be in writing and can be refused if the court deems them unjustified.
How Long Does a Conditional Release Order Last?
The maximum duration of a conditional release order is two years. Courts determine the length based on the offence and individual circumstances, with shorter orders (3-6 months) sometimes imposed for minor cases. In many instances, offenders who demonstrate good behaviour during their CRO may find their obligations lifted earlier than anticipated.
Do I need to disclose a conditional release order (without conviction) from over two years ago in a job interview?
No. In most cases, you are not legally required to disclose it to an employer unless specifically asked about CROs or non-conviction orders.
However, some industries—such as law enforcement, childcare, or financial services—may require broader disclosures beyond formal convictions. If you’re uncertain, it’s best to seek legal advice or check the employer’s background check policy.
Why Does My Conditional Release Order Still Appear on a Police Check?
Even if your conditional release order (CRO) was issued without a conviction, it may still show up on a police check for a period of time. The visibility of a CRO depends on whether it was recorded as a conviction, how long ago it was issued, and the type of police check being conducted.
We Provide Strong Legal Representation
For many offenders, conditional release orders provide a valuable second chance—an opportunity to rehabilitate while avoiding the severe consequences of imprisonment. However, these orders come with responsibilities, and breaching them can lead to significant legal repercussions.
If you’re dealing with criminal charges and want to explore whether a conditional release order is an option for you, seeking legal advice is crucial. At Hannay Criminal Defence, our experienced Criminal Lawyers Sydney can:
- Assess your eligibility for a conditional release order
- Present compelling arguments in court
- Negotiate with prosecutors for favourable conditions
- Ensure you understand your obligations and remain compliant
If you have any questions about CROs or if you are considering applying for one, don’t hesitate to reach out to us now.
