Conditional Release Orders: what they actually mean.

A Conditional Release Order (CRO) is the most commonly imposed non-custodial sentence in the NSW Local Court. It is the modern replacement for the section 9 good-behaviour bond. The CRO can be made with a conviction or without one. The conditions can be standard, modest, or onerous. The consequences of breach are significant but not automatic. This note explains how the order works and what to expect if one is on the table.

The legal hook: section 9 of the Crimes (Sentencing Procedure) Act 1999

Section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court the power to make a CRO instead of imposing any other sentence. The CRO sits below a Community Correction Order (CCO), which in turn sits below an Intensive Correction Order (ICO), which in turn sits below full-time imprisonment.

A CRO made under section 9 has a conviction recorded. A CRO made under section 10(1)(b) has no conviction recorded. The mechanism is the same; the legal consequence is different. The 2018 reforms (the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017, commenced 24 September 2018) replaced the old section 9 bond and the old section 10(1)(b) bond with two flavours of CRO.

Length: up to two years

The maximum length of a CRO is two years (section 95 of the Act). The court fixes a term it considers appropriate. For minor matters, terms of six, nine, or twelve months are common. For more serious matters, eighteen months or the full two years.

The CRO does not begin running until the court makes the order. Time spent on bail before sentence is not credited.

The conditions: standard, additional, and further

A CRO is subject to three layers of conditions, each set out in a different part of the Act.

Standard conditions: section 98

Every CRO carries two standard conditions, imposed by force of statute:

• The offender must not commit any offence.
• The offender must appear before the court if called on to do so at any time during the term of the order.

These are not optional. The court does not have to specify them; they apply automatically.

Additional conditions: section 99

The court may impose additional conditions at the time of sentencing. These can include:

• A supervision condition (the offender is supervised by Community Corrections).
• A treatment or rehabilitation condition.
• A non-association condition.
• A place restriction (the offender must not enter a defined area).
• An alcohol or other drug abstention condition.

Further conditions: section 99A

The court may impose further conditions that are not inconsistent with the standard or additional conditions. These tend to be specific to the matter: a condition to perform a recognised intervention program (TOIP, men's behaviour change program, AOD program), a condition to write a letter of apology, a condition to remain at a specified address.

The court cannot impose a curfew or a community service condition under a CRO. Those are CCO conditions. The court also cannot impose a home detention condition; that is reserved to ICOs.

CRO with conviction versus CRO without conviction

This is the practical question in most matters where a CRO is on the table.

A CRO with conviction records the conviction on the offender's criminal record. It is visible to police checks and to most working-with-children check decision-makers. It can affect insurance, employment, professional accreditation, immigration applications, and travel visas. The conviction remains on the record until it becomes a "spent conviction" under the Criminal Records Act 1991 (NSW), which generally requires 10 years of crime-free conduct.

A CRO without conviction (made under section 10(1)(b)) does not record a conviction. The matter is treated for most purposes as if no conviction has been entered. The finding of guilt remains on the police database but is not visible to standard checks.

The court considers section 10(1)(b) only if it is not minded to record a conviction. Where the court determines that a conviction is appropriate, the CRO is made under section 9 and the conviction is recorded. See our note on section 10 in NSW for the framework that controls the no-conviction decision.

What happens if a CRO is breached

Breach of a CRO is dealt with under section 108C of the Crimes (Administration of Sentences) Act 1999 (NSW). The breach is brought back before the court that made the order.

On a proven breach, the court has three options:

1. Take no action.
2. Vary the conditions of the order (add a condition, remove a condition, lengthen the term up to the two-year maximum).
3. Revoke the order and re-sentence the offender for the original offence.

The third option is the one that worries offenders the most, with reason. On re-sentence, the court can impose any sentence available on the original offence, including a custodial sentence. The original offence is not "set aside"; the breach merely re-opens the sentencing exercise.

Not every breach leads to revocation. A first breach for a minor failure to attend supervision is more likely to be dealt with by a variation of conditions. A breach by commission of a further offence, especially a similar one, is more likely to lead to revocation.

Practical questions

Can a CRO be ended early?

No. The CRO runs for the term the court fixed. There is no equivalent of parole release. The order ends when the term expires (provided no breach is proved).

Can I travel during a CRO?

Yes, unless a condition prevents it. A supervised CRO will usually require the offender to obtain permission from Community Corrections before leaving the State. International travel is permitted unless there is a condition restricting it. The fact of being on a CRO does not, of itself, prevent overseas travel, although the visa-issuing country may have its own rules about travellers under criminal supervision.

Does a CRO affect a working-with-children check?

A CRO with conviction may. A CRO without conviction (section 10(1)(b)) generally does not, because no conviction has been recorded. There are exceptions for the most serious offences. A practical assessment requires looking at the specific charge and the specific check.

Can a CRO be set aside on appeal?

Yes. A severity appeal lies to the District Court within 28 days of sentence. The appeal is heard de novo; the District Court can substitute a less restrictive sentence (a section 10 dismissal, a shorter CRO, different conditions). Conversely the District Court can substitute a more restrictive sentence; the offender carries that risk.

One last note

A CRO is, in most matters, the best non-custodial outcome short of a section 10. The conditions can be calibrated to the offending and the offender. The supervision condition, where it is imposed, is rarely punitive in practice; for most clients it is an hour a fortnight with a Community Corrections officer. The conviction question (with or without) is usually the larger fight. The work that supports that fight is the work that determines whether the order does its job or becomes a trap.

This note is general information about New South Wales sentencing law and is not legal advice for any particular case. For advice on your matter, contact us through our contact page or phone 0421 717 019.

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