Sentencing options in NSW: from section 10 to imprisonment.

A ladder of options, not a single outcome.

When a person is found guilty or pleads guilty, the court chooses a sentence from a range of options set by the Crimes (Sentencing Procedure) Act. They run from the lightest, dismissing the charge without a conviction, through a series of orders that combine supervision, conditions and restrictions, up to imprisonment. The court's task is to pick the option that fits the offence and the offender, and imprisonment is meant to be a last resort.

This is general information, not advice on your matter. The right sentence depends on the offence, the facts, the offender's history, and the material put before the court, and good sentencing submissions can make a real difference to where on the ladder a person lands. What follows is the framework, from the lightest option to the heaviest.

What is a section 10?

A section 10 is the lightest outcome. It allows a court that finds a person guilty to dismiss the charge without recording a conviction, or to make a conditional release order without conviction. The person is guilty, but no conviction goes on their record, which can matter greatly for employment, travel and licensing. It is used for less serious matters and for offenders whose circumstances justify avoiding a conviction.

A section 10 is not an acquittal; the person is found guilty, but spared a conviction. Whether a court will grant one depends on the seriousness of the offence, the person's character and history, and the effect a conviction would have. Our note on section 10 explains the factors a court weighs and how to put the case for one.

What is a conditional release order?

A conditional release order, or CRO, is a good behaviour order. The court can make a CRO with or without recording a conviction, and it requires the person to be of good behaviour and to comply with conditions for a set period, which can include supervision. A CRO without conviction sits close to a section 10 in effect; a CRO with conviction records the conviction but keeps the person in the community on conditions.

The CRO replaced the old good behaviour bond and is a flexible, lower-end option. It suits offences that are too serious for an outright dismissal but do not call for a heavier penalty, and it lets the court impose conditions aimed at keeping the person out of trouble. Breaching a CRO can bring the person back before the court to be re-sentenced.

What are community correction orders and intensive correction orders?

A community correction order, or CCO, is a mid-range order served in the community. It records a conviction and imposes conditions, which can include supervision and community service work, for a set period. It is used for offending that is too serious for a CRO but does not warrant imprisonment, and it lets the court combine punishment with conditions aimed at rehabilitation.

An intensive correction order, or ICO, is the most serious community-based order and the main alternative to full-time prison. It is a sentence of imprisonment that the court directs be served in the community under strict conditions, which can include home detention, community service, supervision and curfews. The court must consider community safety before imposing an ICO, and it is available only up to certain terms. It is the last step before prison, discussed further in our note on intensive correction orders.

When does a court impose full-time imprisonment?

Full-time imprisonment is the heaviest sentence and the last resort. The Act requires a court not to impose a sentence of imprisonment unless satisfied that no other penalty is appropriate. Where imprisonment is imposed, the court sets a total term and, usually, a non-parole period, the minimum time to be served before the person can be considered for release on parole, with the balance served in the community under supervision.

For serious offences, some carry a standard non-parole period, a reference point the law sets for an offence in the middle of the range of seriousness, which guides the sentence. Whether imprisonment is required, and if so for how long, depends on the objective seriousness of the offence and the offender's circumstances. Because it is the last resort, careful submissions about the alternatives are central to a sentence at this end of the range.

How does a court choose a sentence?

The court weighs the purposes of sentencing, punishment, deterrence, community protection, rehabilitation and denunciation, against the objective seriousness of the offence and the subjective circumstances of the offender. It takes account of aggravating and mitigating factors under section 21A, any guilty plea and its timing, and the material put before it, such as references, reports and evidence of rehabilitation.

This is where sentencing submissions matter. The court's discretion is real, and the same offence can attract very different sentences depending on how the case is put and what material supports it. Preparing that material, the plea in mitigation, the references, the evidence of remorse and rehabilitation, is the work that moves a sentence down the ladder. An early guilty plea, discussed in our note on the early plea discount, is one of the clearest factors.

Primary sources: the sentencing options are set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), including dismissal without conviction (section 10), conditional release orders, community correction orders, intensive correction orders, imprisonment as a last resort (section 5), and the aggravating and mitigating factors in section 21A. NSW sentencing decisions are searchable on JADE.

Common questions

What is a section 10 in NSW?

A section 10 is the lightest sentencing outcome. It lets a court that finds a person guilty dismiss the charge without recording a conviction, or make a conditional release order without conviction. The person is guilty but has no conviction recorded, which can matter for employment, travel and licensing. It is not an acquittal; the person is found guilty but spared a conviction.

What is the difference between a CRO, a CCO and an ICO?

A conditional release order (CRO) is a good behaviour order, made with or without conviction, at the lower end. A community correction order (CCO) is a mid-range order served in the community that records a conviction and can include supervision and community service. An intensive correction order (ICO) is the most serious community order and the main alternative to full-time prison, served under strict conditions.

When does a NSW court send someone to prison?

Full-time imprisonment is the last resort. The Act requires a court not to impose imprisonment unless satisfied no other penalty is appropriate. Where imposed, the court sets a total term and usually a non-parole period, the minimum to be served before parole. Whether imprisonment is required depends on the objective seriousness of the offence and the offender's circumstances.

What is an intensive correction order?

An intensive correction order, or ICO, is a sentence of imprisonment that the court directs be served in the community under strict conditions, which can include home detention, community service, supervision and curfews. The court must consider community safety before imposing one, and it is available only up to certain terms. It is the last step before full-time prison.

How does a court decide the sentence?

It weighs the purposes of sentencing, punishment, deterrence, community protection, rehabilitation and denunciation, against the seriousness of the offence and the offender's circumstances, taking account of aggravating and mitigating factors, any guilty plea, and the material put before it. Good sentencing submissions and supporting material can make a real difference to the outcome.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

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