Have you been charged with Breaching a Community Corrections Order?
If you have been charged with breaching a community corrections order you will need a lawyer that handles these types of cases. We have offices in Ringwood, Moorabbin, Frankston, Dandenong and the Melbourne CBD. We specialise in criminal law and have handled hundreds of breaches in relation to community correction orders.
Questions to consider include: How did you breach the order? Was it by further offending or non-compliance? Can the offence that the prosecution say breaches the order attract a term of imprisonment in its own right? Are Corrections wrong about your level of compliance with the order?
The offence of breaching a community corrections order
Section 83AD of the Sentencing Act 1991
The prosecution must prove:
- That the offender is subject to a Community Corrections Order;
- That the offender has breached the core conditions of the order by:
(a) either committing an offence punishable by imprisonment either in or outside of Victoria during the period of the order; or
(b) not complying with any other lawful conditions of the order as defined in section 45 of the Sentencing Act 1991.
The maximum penalty for breaching a community corrections order
Level 9 imprisonment being a maximum of 3 months.
I have breached my Community Corrections order, where will my case be heard?
Breaching a community corrections order charge will be heard by the Court that imposed the order. If the Magistrates Court imposed the order then the Magistrates Court will hear the breach. If the County Court or Supreme Court imposed the Community Corrections Order then the respective Court will hear the breach.
Questions to consider regarding breaching a community corrections order
Is the breach report provided by Corrections an accurate reflection of your conduct whilst on the order? Do you breach the order at all, either by way of non-compliance or further offending? Until the breach is heard is there any way to convince Corrections Victoria to allow you on to the order? This can look very good later. Do you want to be re-sentenced on the original offences that attracted the order or would you like to be given the opportunity to finish the order? Has Corrections Victoria listed the breach within time? (In certain circumstances Corrections will be precluded from listing the breach.)
What to do next if you have breached a community corrections order?
Contact an experienced team of criminal lawyers who can help you ensure that your matter is thoroughly prepared. The Courts do not like it when people come back on breaching offences. If you do have to face Court make sure you have criminal lawyers with experience to put your case forward.
The legislation
Section 83AD Contravention of community correction order
(1) An offender who is subject to a community correction order must not contravene that order, unless the offender has a reasonable excuse.
Penalty: 3 months imprisonment.
(2) A proceeding is not able to be brought against a person for an offence under subsection (1) in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AE or 83AF.
Section 83AH Time for commencing a proceeding
(1) A proceeding for an offence under section 83AC, 83AD, 83ADA or ADB must be commenced—
(a) if the contravention is constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 6 months after the person is convicted or found guilty of the later offence, subject to subsection (2); or
(b) if the contravention is not constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 1 year after the order ceases to be in force.
(2) A proceeding for an offence under section 83AC, 83AD, 83ADA or 83ADB to which subsection (1)(a) applies must not be commenced more than 2 years after the order ceases to be in force.
Note
The time limit for the commencement of a proceeding for a summary offence under section 7 of the Criminal Procedure Act 2009 applies to an offence against section 83AE or 83AF.
