An Intensive Correction Order is just what it sounds like – intensive. Make no mistakes though, it is a jail sentence, just served in the community.
This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of the interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What are the conditions of an Intensive Correction Order (ICO)?
If a court sentences a defendant to a period of imprisonment of less than one year then the court may issue an Intensive Correction Order instead of actual jail time.
A conviction must be recorded if an ICO is imposed.
Practically, an ICO is similar to a probation order combined with community service. However, the defendant will receive visits from a corrective services officer at least twice a week. Further, they must reside in a community residential facility if required.
The consequences of a breach of an ICO mean that the defendant will not go back before a court, they will be sanctioned by the probation and parole office and be placed in a corrective services facility (jail) usually for 28-day periods. That is a matter for the probation and parole office.
An ICO is the last option of the court has before they must impose a period of actual custody.
The strict conditions of an Intensive Correction Order are;
- (a) must not commit another offence during the period of the order; and
- (b) must report to an authorised corrective services officer at the place, and within the time, stated in the order; and
- (c) must report to, and receive visits from, an authorised corrective services officer at least twice in each week that the order is in force; and
- (d) must take part in counselling and satisfactorily attend other programs as directed by the court or an authorised corrective services officer during the period of the order; and
- (e) must perform in a satisfactory way community service that an authorised corrective services officer directs during the period of the order; and
- (f) must, during the period of the order, if an authorised corrective services officer directs, reside at community residential facilities for periods (not longer than 7 days at a time) that the officer directs; and
- (g) must notify an authorised corrective services officer of every change of the offender’s place of residence or employment within 2 business days after the change happens; and
- (h) must not leave or stay out of Queensland without the permission of an authorised corrective services officer; and
- (i) must comply with every reasonable direction of an authorised corrective services officer.
The Intensive Correction Order may contain requirements that the offender—
- (a) Submit to medical, psychiatric or psychological treatment;
- (b) Any other condition that the court sees fit.
At a sentence, the court must explain to the Defendant what an Intensive Correction Order is. The Defendant must agree to the making of an order. If the Defendant does not agree to the making of the order, then it is quite likely that the court will remand the Defendant in custody.
If the Defendant does not comply with the conditions of the Intensive Correction Order, then the Probation and Parole office may take action.
Can my Intensive Correction Order (ICO) be revoked?
An ICO can be revoked only in certain circumstances when:
- you are not able to comply with the order due to a concrete change of circumstances;
- your circumstances presented to the court during sentencing were not factual;
- you longer wish to comply with the conditions of the order; or
- you have breached a condition of your Order.
If you would like to invalidate your ICO for whatever reason, be sure to seek legal advice immediately.
What happens if I breach my Intensive Correction Oder (ICO)?
If you breach any of the stipulations of your ICO you may be sentenced for breaching it and you may also have the Intensive Correction Oder revoked. The severity of the penalty varies and is dependent on the specific circumstances of the order and breach.
If you are charged with breaching an Intensive Correction Order or you need any legal advice regarding the Order, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over-the-phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.