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Parole and community corrections orders

Information about how parole fits in with community corrections orders (CCOs).

A court can decide to order a prison sentence of 2 years or less to be combined with a community corrections order (CCO). Courts have discretion to impose a non-parole period for sentences between 12 months and 2 years.

The guideline judgement (Boulton [2014]) that for sentences with a custodial component of between 12 months and 2 years a non-parole period and a CCO should be seen as alternatives. Section 11 of the Sentencing Act 1991 was amended following this guideline judgement.

See Boulton v The Queen.

However, for sentences of 2 years or more, that are combined with a CCO, a non-parole period must still be imposed.

See s. 11(2A)—Sentencing Act 1991 (Vic)(opens in a new window).

More information

Legislation

Sentencing Act 1991 (Vic)

  • s. 11—fixing of non-parole period by sentencing court
  • s. 44—imprisonment and a community correction order

See Sentencing Act 1991 (Vic)(opens in a new window).

Case

Boulton v The Queen

This case is a guideline judgement for the ordering of CCOs.

See Boulton v The Queen; Clements v The Queen; Fitzgerald v The Queen [2014] VSCA 342 (22 December 2014)(opens in a new window).

Reference

VLA Professional Legal Education

See Deidre McCann's paper under References.

Updated