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References for community correction orders

References related to community correction orders.

VLA Criminal Professional support

The VLA Professional support lawyers have collected material to support lawyers with current criminal law issues. There is some general information about sentencing.

See Practice Resources—Criminal law resources—Sentencing and other penalties(opens in a new window).

CCOs and Federal offences

A Victorian Supreme Court of Appeal case was handed down in June 2015 which held that:

  • a CCO cannot be combined with imprisonment for a single federal offence
  • the guideline judgement Boulton v The Queen [2014] VSCA 342 does not apply to sentencing federal offenders

See:

Supreme Court

See the Court of Appeal's guideline judgment Boulton v The Queen; Clements v The Queen; Fitzgerald v The Queen [2014] VSCA 342 (22 December 2014)(opens in a new window).

Bail, Corrections Orders and Appeals

Bail, corrections orders and Appeals (ppt, 1.9 MB)(opens in a new window)

This seminar, delivered on 24 May 2016 by Michelle Goldberg, Senior Lawyer in VLA's Legal Help team, has information and case studies about Bail, Appeals and CCOs.

Judicial College of Victoria

Victorian Sentencing Manual

This manual is used by the courts as reference and guidance for sentencing in all Victorian criminal proceedings.

For the chapter on CCOs see Judicial College of Victoria—Victorian Sentencing Manual—Community corrections orders – 11(opens in a new window).

Or see the entire manual at Judicial College of Victoria—Victorian sentencing manual(opens in a new window).

Sentencing Advisory Council

This statutory body advises the State Attorney General about sentencing issues, provides statistics, conducts research, gauges public opinion and educates the public about sentencing practices.

See Sentencing Advisory Council(opens in a new window).

For a list of stats for offences heard in the Magistrates' Court see Sentencing Advisory Council—SACstats(opens in a new window).

In June 2016 the council began researching breaches of CCOs. It is examining the rates of offender breaches, the kind of breaches and how the court is responding to these breaches.

See Sentencing Advisory Council—Contravention of Community Corrections Orders(opens in a new window).

For succinct overview of CCOs see Sentencing Advisory Council—Community Correction Order(opens in a new window)

Chief Commissioner Instructions

Instructions about the police response to contraventions of CCOs have been developed by the Chief Commissioner of Police.

See Chief Commissioner instructions about CCO contraventions and Parole.

Sentencing amendment in Victoria

A seminar about reforms to sentencing, particularly relating to CCOs was presented by members of Gordon & Jackson List on 31 May 2012. The discussion was chaired by Justice Lex Lasry and presented by Judge Jane Patrick, Paul Kounnas and Tom Danos.

See Seminar powerpoint 'Sentencing Amendment (Community Corrections Reform) Act 2011'.

Relevant Bill pages

Sentencing (Community Corrections Order) and Other Acts Amendment Bill 2016

This Bill amends the Sentencing Act 1991 to limit the use of non-custodial orders the courts can make. It also limits the length of sentence for which a magistrate or judge can impose a sentence that combines a Community Correction Order with a term of imprisonment.

See Sentencing (Community Corrections Order) and Other Acts Amendment Act 2016(opens in a new window).

Sentencing Amendment (Community Correction Reform) Act 2011

The Victorian Government's legislation and parliamentary documents site includes the second reading speeches and explanatory memorandum for the Act. This gives summary information about the intentions of Parliament when establishing the new sentencing option.

See Sentencing Amendment (Community Correction Reform) Bill 2011(opens in a new window).

Resources

CCOs—Recent legislative changes (ppt, 1.9 MB)(opens in a new window)

Presentation delivered by Nick Verginis, Assistant Director, Criminal Law Policy DOJ at VLA Criminal connections forum on 10 October 2014.

Breaches of CBO and ICO post 16 January 2012 (pdf, 16 KB)(opens in a new window)

Paper presented by Sara Da Motta at VLA Criminal Connections forum on 16 March 2012.

Updated