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Suspending or varying a CCO

Information about how to vary a community correction order (CCO) including who may apply.

Suspending a CCO

If a person is not able to comply with the terms or conditions of an order they need to get in touch with their Corrections case manager immediately.

Corrections has the power to suspend the order if the person becomes ill or if there are exceptional circumstances. For example, a person may need to miss an appointment for work. The person will need to provide enough documentary evidence of their illness or of the other reason for not complying.

The CCO will be extended for the period of suspension.

See s. 48O—Sentencing Act 1991 (Vic) (link below)

Varying a CCO

An application for varying the order can be made any time that the order is still in force.

See ss. 48M, 48N—Sentencing Act 1991 (Vic) (link below)

Who can apply for a variation?

Any of the following people may apply to court to vary a CCO:

  • the offender
  • DPP or lawyer from the office of public prosecutions
  • Police prosecutor or the informant
  • Secretary of the Department of Justice
  • any member of the police force
  • a community corrections officer or Regional Manager of a Community Corrections Area.

See s. 48N—Sentencing Act 1991 (Vic) (link below)

Who needs to know?

Notice of the application must be given to all of the following:

  • the offender (unless they were the applicants)
  • DPP
  • informant or police prosecutor (where person was originally sentenced in the Magistrates' Court)
  • the Secretary of the Department or justice
  • anyone prescribed in the Regulations.

See s. 48N(2)—Sentencing Act 1991 (Vic)—r. 25—Sentencing Regulations 2011 (Vic) (links below)

When will a court vary an order?

The offender must attend the court hearing for varying a CCO. The court may issue a warrant for their arrest.

See s. 48N(3)—Sentencing Act 1991 (Vic) (link below)

A CCO may be varied if the court is satisfied that any of these apply:

  • the offender's circumstances have changed since the order was made and because of this change, the offender is no longer able to comply with a part of the order
  • a mistake was made in court at the time of sentencing and the offender's circumstances were stated incorrectly
  • if the offender withdraws their consent and is no longer willing to comply with the order
  • the sentence is no longer necessary

Orders the court may make

The court may make any of the following orders when addressing an application to vary the CCO:

  • vary the order
  • cancel the order and use any of the other sentencing options that would have been available for the offence
  • cancel the order
  • confirm the order
  • cancel, suspend, vary or reduce a condition of the order
  • add a new condition or program to the order.

The court has to consider how well the offender has complied with the order when making a decision.

See s. 48M(2)—Sentencing Act 1991 (Vic)

Reporting to another place

If a person who is subject to a CCO moves house or for some other reason it is no longer convenient to report to the Corrections place where they have been reporting, the Secretary of the Department of Justice can direct that person to report to another centre or to another Corrections officer.

See s. 48P—Sentencing Act 1991 (Vic)

More information

Legislation

Sentencing Act 1991 (Vic)

  • Part 3A Div 5—variation of order
  • s. 48M—orders the court may make
  • s. 48N—applications for variation of a CCO (s. 48N(2) who needs to be notified)
  • s. 48O—suspension by the secretary
  • s. 48P—direction to change where a person regularly reports

See Sentencing Act 1991 (Vic).

Sentencing Regulations 2011 (Vic)

  • r. 24—what has to be included in the application to vary an order
  • r. 25—prescribed people who may need to be notified of an application to vary an order

See Sentencing Regulations 2011 (Vic).

Reference

Judicial College of Victoria

The Victorian Sentencing Manual on the Judicial College site has clear and detailed information about the contravention process.

See:

  • '14.8 - Suspension of CCO'
  • '14.9 - Variation of a CCO'

in Judicial College of Victoria—Victorian Sentencing Manual—Community corrections orders – 14.

Updated