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Criminal Law » Sentencing and Defences » Conditional Release Order

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Conditional Release Order

This sentencing option involves the court convicting the offender, however without imposing a period of imprisonment or a fine, discharging the person on a Conditional Release Order (CRO). A CRO will generally be imposed with a conviction, however the court does have a discretion to impose a CRO without recording a conviction.

A CRO will commence on the date on which it is made, and can be imposed for a period of up to 2 years.

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Standard conditions

The standard conditions of a CRO include:

  • The offender must not commit any offence, and
  • The offender must appear before the court if called on to do so at any time during the term of the CRO.

Additional conditions

However, additional conditions can also be imposed by a Court at the time of sentence, or subsequently on the application of a community corrections officer or offender. The additional conditions include:

  • A condition requiring the offender to participate in a rehabilitation program or to receive treatment,
  • A condition requiring abstention from alcohol or drugs or both,
  • A non-association condition
  • A place restriction condition,
  • A supervision condition by a community corrections officer, or if the offender was under the age of 18 years when the condition
  • Any other condition that the court considers appropriate, but not including electronic monitoring or a curfew condition exceeding 12 hours in any period of 24 hours

For domestic violence offences, the Court must impose a supervised CRO unless the Court is satisfied that a different sentencing option is more appropriate in the circumstances.

If any of the imposed conditions are breached, a Court can call on the person to appear before a Court and resentence the person.