You should obtain legal advice before going to court and pleading guilty to any offence. A well-presented sentencing will ensure that you receive the best outcome for your situation.
In NSW, a court can impose any of these types of penalties:
Non Conviction Dismissal (s10(1)a)
This is an order of the court that means there is no conviction recorded and no further action/penalties. Essentially, as soon as you leave the court, the matter is completely finalised.
Conviction Only s10A
This is an order from the court that means you are convicted of the offence, but there is no further penalty, and the matter is completely finalised once you leave the courtroom.
Community Release Order (CRO)
A CRO is the less serious of the bonds; there are two forms: conviction CRO and non-conviction CRO. These bonds can be supervised by Community Corrections or not; it is a matter for the court. That said, the court can order supervision, and Community Corrections can discontinue it if it deems it appropriate. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. Additional conditions can also be imposed, as with any other bond, including, but not limited to, alcohol/drug restrictions and/or rehabilitation, curfews, community service orders, and non-association and/or place-restriction orders.
Fine
A Court can order a fine as the whole or part of a penalty, meaning the court can order a bond in conjunction with a fine. A fine is a conviction. The maximum fine available for each offence varies and is usually expressed in penalty units. Generally speaking, after the court has sentenced you and imposed a fine, you have 28 days to pay; however, the court registry may extend this period and arrange a payment plan. Failure to pay the fine will result in an enforcement order, which may lead to suspension of your driver’s licence and/or registration. Following this, further orders, such as a civil enforcement order, community service, and/or goal, may be utilised instead.
Community Corrections Order (CCO)
A CCO is the more serious of the bonds and is used when the offence is too serious to be dealt with by way of a fine or CRO. The CCO cannot exceed three years. This bond can be supervised or unsupervised by Community Corrections. A standard condition of all orders is that an offender must not commit any offence and must appear in court if called upon. The court can add additional orders, including but not limited to alcohol/drug restrictions and/or rehabilitation, curfew, community service orders, non-association and/or place restriction orders.
Intensive Correction Order (ICO)
An ICO is a type of imprisonment or custodial sentence that can be served in the community under strict conditions and supervision. The ICO is the most serious court order that can be served on an offender in the community and is not available for a number of offences involving Violence, breaches of public safety, and child-related matters. The court can impose conditions on an ICO, such as home detention, electronic monitoring, curfews, community service, alcohol/drug restrictions, place restrictions, association orders, and/or whatever the court deems appropriate. An ICO is monitored and supervised by Probation and Parole NSW, and any breaches of the order are referred to the NSW State Parole Authority (SPA) and not the courts. Often, the offender is required to then serve the remainder of their sentence in custody as a result of a serious breach.
A conviction means that the court has found you guilty and has decided to record the offence in a ‘formal’ declaration.
It is possible to have a matter ‘proven, but no conviction recorded’ if the court sees fit. This is commonly referred to as a s10 (although it is now a Community Release Order without conviction or s10(1)a)).
If convicted of any offence, this is recorded on your criminal record. The existence of a criminal record may affect future employment and travel, especially to countries like the United States.
If you believe you are not guilty of an offence, it is important to get legal advice early, as the court offers discounts for early pleas in sentencing.
A Written Notice of Pleading is a document that is given to you by the police when charged, or a letter or document sent to the court outlining your wish to plead guilty to the charges enforced by the court.
Although this can be an attractive option, the forms are straightforward, and you wouldn’t need to attend court, this is actually a bad idea. A written notice prevents the court from understanding more about you as a person, your income, responsibilities, and factors that could mitigate the punishment or sentence.
On a written plea of guilty, the magistrate has only the Police Fact Sheet and Criminal Record for information, and the penalty imposed is often greater, as the Court is not aware of the above factors. It is important to understand and agree with the contents of any fact sheet before it is tendered, as the court will base all its decisions on it.
At Catron Simmons Lawyers, we can put forward the best case in your defence, often leading to a fairer and more just outcome.
