ICO

Definiton + legislation

s7 of the CSPA allows offenders with a sentence < 2yrs (s68) to serve their sentence as ‘intensive correction in the community’

ABC

ABC Suspended sentences abolished in NSW as part of sweeping law reforms 2018 described ICOs as a ‘tailored combination of conditions’; which supports offenders’ right to rehabilitation (ICCPR Art. 10{3})

BOCSAR

BOCSAR (2017) report found that those issued an ICO are 39% less likely to reoffend after the conclusion of their sentence.

Priortise

ICOs prioritise community safety (s66) as, according to the 2R speech, it is the ‘Paramount consideration’.

Introduction

ICOs’ introduction increased the number of appeals by the state against sentences by 14.6% (R v Kennedy 2021).

CSPA

s67 of CSPA forbids ICOs for manslaughter. ➢ R v Eckersley 2021 Manslaughter ‘almost unique it its ability’ to lead to the ‘greatest variety of circumstances affecting culpability’ ➢ Selection of either a CCO or imprisonment

2015

2015: 25.7% of ICOs were revoked on the grounds of non-compliance such as in R v Hopoate (2021).