What is an Intensive Correction Order?
An Intensive Correction Order is a period of imprisonment that is served in the community, rather than in a correctional facility.
Am I eligible for an Intensive Correction Order?
If you have been sentenced to a period of imprisonment for one year or less, you may be granted an intensive correction order under section 112 of the Penalties and Sentences Act 1992 (Qld) (“Act”). An Order may only be made if you consent to both the Order being made and the conditions of the Order.
What are the requirements of an Order?
A presiding Magistrate or Judge must include several conditions on your Order, including:-
- That you not commit another offence during the period of the order;
- That you report to, or receive visits from, corrective services officers at least twice a week;
- That you attend counselling and other programs as directed;
- That you perform community service as directed;
- That you notify an authorised corrective services officer if you change residence; and
- That you do not leave Queensland without permission.
The court may also attach additional conditions to the Order, including a condition that you submit to medical, psychiatric or psychological treatment.
Can my Order be revoked?
Your Intensive Correction Order can be revoked or amended, on application from yourself, an authorised corrective services officer or the Director of Public Prosecutions.
The Order will only be revoked or changed if:-
- you are not able to comply with the order due to a material change of circumstances;
- your circumstances presented to the court during sentencing were not accurate;
- you are no longer willing to comply with the conditions of the order; or
- you have breached a condition of your Order.
It is important you seek legal advice if you, or an authorised person, is seeking to revoke your Order.
What happens if I breach my Order?
It is an offence to contravene your Intensive Correction Order without a reasonable excuse. The maximum penalty for this offence is a fine of 10 penalty units.
In addition to being sentenced for breaching your Intensive Correction Order, the Order may be revoked and you may be required to serve the remaining period of the Order in a correctional facility. It is therefore very important you understand your obligations under the Order and comply with each and every condition.
What do I do if I have been charged with breaching my Order?
If you have been charged with a breach of your Intensive Correction Order, it is important to seek legal advice immediately.
There is always a range in the severity of penalty that could be imposed, even in matters where a period of mandatory imprisonment applies. The presiding Judge or Magistrate has discretion and will impose a penalty that is appropriate in your circumstances. We can assist by ensuring the presiding Judge or Magistrate has all of the relevant information, and is aware of your particular circumstances and mitigating factors. This can result in you having a lesser penalty imposed.
If you have been charged with a breach of your Intensive Correction Order and would like legal advice about your matter, or for our office to represent you, please contact our office on 07 4963 2000 or through our online contact form below.