Conditional Release Order NSW

A Conditional Release Order (CRO) is a community-based sentence available in NSW Local, District and Supreme Courts under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW). It can be made with a recorded conviction or, in some cases, without one, and can last up to 2 years. It is generally regarded as the most lenient sentencing option available once a court has found a person guilty, short of an unconditional discharge under section 10(1)(a). Every CRO carries two standard conditions: do not commit any offence, and appear in court if called on. Courts can add further conditions such as treatment, non-association, place restriction or supervision. Breaching a CRO can lead to the order being revoked and the offender being resentenced for the original offence, so compliance matters. Whether a CRO is available, and whether a conviction is recorded, depends on the offence, your record and the court’s assessment of your circumstances. If you have a matter coming up in NSW where a CRO may be relevant, you should get advice before your court date.

Who this article is for and the jurisdiction it covers

This article applies to sentencing in New South Wales under the Crimes (Sentencing Procedure) Act 1999 (NSW) and the Crimes (Administration of Sentences) Act 1999 (NSW). It is written for people in Hornsby and the Upper North Shore, including Waitara, Asquith, Wahroonga, Thornleigh and Pennant Hills, who have a criminal or major traffic matter listed at Hornsby Local Court or a nearby court and want to understand what a Conditional Release Order is and whether it may apply to them. It does not cover sentencing in other Australian states or territories, which have different regimes.

Facing sentencing can be stressful, especially if you are unsure what penalties are realistically available. A CRO is one of several non-custodial options a NSW court can consider, and understanding it can help you prepare for your court date. If your matter is listed at Hornsby Local Court or elsewhere and you want to discuss your options, you can call Caspian Legal in Hornsby on 02 7264 3200.

What is a Conditional Release Order?

A Conditional Release Order (CRO) is an order made under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) discharging a person who has been found guilty of an offence, instead of imposing a sentence of imprisonment or a fine (or both). CROs were introduced on 24 September 2018, replacing the former good behaviour bonds that could previously be imposed under sections 9 or 10(1)(b) of the Act. In the Second Reading Speech introducing the reforms, the then Attorney-General described CROs as “a community-based sentence for the lowest level of offending”.

A CRO can be made in two ways: with a recorded conviction under section 9(1), or without a recorded conviction under section 10(1)(b), in which case it is still made under section 9 but the offence does not appear on your criminal record in the same way. A magistrate in the Local Court, or a judge in the District or Supreme Court, can make a CRO. It cannot be combined with a fine for the same offence.

Key terms explained

Term	Plain English meaning
Conditional Release Order (CRO)	A court order discharging you instead of imposing a fine or prison, provided you comply with conditions, for up to 2 years.
Proceed to conviction	The court records a formal conviction against your name, which then appears on your criminal record.
Section 10(1)(b)	The pathway for a CRO made without recording a conviction; the offence is proven but no conviction is entered.
Section 10(1)(a) dismissal	A more lenient outcome than a CRO where the charge is dismissed outright with no order at all; this is rare.
Standard conditions	The two conditions every CRO must include: do not commit any offence, and appear in court if called on (s 98).
Additional conditions	Conditions a court may add, such as treatment, non-association, place restriction or supervision (s 99).
Breach	Failing to comply with a condition of the CRO, including committing any offence during the order.
Revocation	The court cancelling the CRO, which usually means being resentenced for the original offence as if the CRO had never been made.

How a court decides whether to make a CRO: step by step

1. The court must first find you guilty, whether by plea or after a hearing or trial.
2. The court considers whether a CRO is an appropriate sentence, generally reserved for lower-level offending, alongside other available options such as a section 10 dismissal, fine, community correction order or intensive correction order.
3. If considering a CRO, the court has regard to factors under section 9(2): your character, antecedents, age, health and mental condition; whether the offence is trivial; the extenuating circumstances of the offending; and any other matter the court considers proper.
4. The court decides whether to record a conviction. Courts treat recording a conviction as a matter of real significance, and will weigh the seriousness of the offending against the impact a conviction may have on you.
5. The court sets the length of the CRO, up to a maximum of 2 years, and decides whether to add any additional or further conditions beyond the two standard conditions.
6. The court must take reasonable steps to explain your obligations under the order and the consequences of not complying, although a failure to do so does not invalidate the order.

What conditions can be attached to a CRO?

Condition type	What it involves
Standard conditions (mandatory)	Do not commit any offence during the order, and appear before the court if called on at any time during the term of the CRO.
Rehabilitation or treatment	Participate in a rehabilitation program or receive treatment, for example for substance use or mental health.
Abstinence	Abstain from alcohol, drugs, or both, for the term of the condition.
Non-association	Do not associate with particular, named persons.
Place restriction	Do not frequent or visit a particular place or area.
Supervision	Report to and be supervised by Community Corrections (or, for offenders under 18, a Youth Justice officer).

A CRO cannot include home detention, electronic monitoring, a curfew, or a community service work order; those conditions are reserved for other sentencing options such as an Intensive Correction Order. For a domestic violence offence, the law requires that a CRO include a supervision condition, and the court must consider the safety of any victim before making the order.

How long does a CRO last?

A CRO commences on the day it is made and can run for up to 2 years. Only one “relevant order” (an Intensive Correction Order, Community Correction Order or CRO) can be in force for the same offender for the same offence at the same time. If an offender becomes subject to more than one type of order, the conditions of an Intensive Correction Order or Community Correction Order take priority over a CRO.

What happens if you breach a CRO?

A breach occurs if you commit any offence during the term of the order, or fail to comply with any condition attached to it. This includes something as minor as another traffic offence, because the standard condition not to commit any offence is not limited to offences similar to the original one. Breaches of a CRO are dealt with under section 108C of the Crimes (Administration of Sentences) Act 1999 (NSW). A court that suspects a breach may call the offender before it to explain. Depending on the circumstances, the court can:

• take no further action, for a minor or technical breach;
• vary the conditions of the CRO; or
• revoke the CRO and resentence the offender for the original offence, as if the CRO had never been made.

If a CRO is revoked, the court resentencing you must take into account any time already spent in custody for the offence and must also take into account that you were subject to the CRO and anything you did to comply with it. This does not guarantee a particular outcome; the resentence still depends on your circumstances and the reasons for the breach.

CRO compared with other common NSW sentencing options

Option	Key features
Section 10(1)(a) dismissal	Charge proved but dismissed outright; no conviction and no conditions. Rare, and reserved for minor matters with strong personal circumstances.
Conditional Release Order (s 9 / s 10(1)(b))	Discharge with or without conviction, subject to standard and any additional conditions, for up to 2 years.
Fine	A monetary penalty; cannot be combined with a CRO for the same offence.
Community Correction Order (CCO)	A more onerous community-based order, available for up to 3 years, generally for more serious offending than suits a CRO.
Intensive Correction Order (ICO)	Served in the community instead of full-time imprisonment, available where a court has assessed a term of imprisonment of 2 years or less; can include conditions such as home detention that a CRO cannot.

Where a CRO sits compared with these other options depends heavily on the nature of the offence, your record, and the view the court takes of the objective seriousness of what happened.

Documents to bring or prepare

• Any court attendance notice, penalty notice or charge sheet you have received.
• Character references addressing your character and prospects (where relevant to your matter).
• Evidence of any rehabilitation steps already taken, such as counselling or treatment records.
• Evidence relevant to hardship, such as employment records if a conviction would affect your work.
• Any prior court orders or criminal history documents your solicitor asks you to obtain.
• If you are facing a breach hearing: the CRO paperwork and any evidence explaining the circumstances of the alleged breach.

What not to do

1. Do not assume a CRO is automatic just because it is described as the most lenient option after a section 10 dismissal. It depends on the offence and your circumstances.
2. Do not commit any further offence while subject to a CRO, even a minor one such as a traffic offence. It can amount to a breach.
3. Do not ignore a notice to appear in relation to a suspected breach. The standard conditions require you to appear if called on.
4. Do not treat a CRO without conviction as having no consequences. It is still a court order with conditions attached, and some other laws may still treat certain orders as relevant for particular purposes.
5. Do not represent to a court, an employer or anyone else that a particular outcome is guaranteed. No solicitor can promise you will receive a CRO or that a conviction will not be recorded.

Frequently asked questions

Does a Conditional Release Order go on my criminal record?

It depends. A CRO can be made with a recorded conviction under section 9(1), in which case it does form part of your criminal record, or without a conviction under section 10(1)(b), in which case no conviction is recorded. Which pathway applies depends on the court’s assessment of factors such as your character, the triviality of the offence and the circumstances in which it occurred.

How long can a Conditional Release Order last?

Up to 2 years. The order commences on the day it is made.

What conditions can be attached to a CRO?

Every CRO must include the two standard conditions: do not commit any offence, and appear in court if called on. Courts can add conditions such as treatment, abstinence from alcohol or drugs, non-association, place restriction or supervision. A CRO cannot include home detention, electronic monitoring, a curfew or community service work.

What happens if I breach my CRO?

The court can take no further action, vary the conditions, or revoke the order and resentence you for the original offence. Revocation is the most serious outcome and means you are dealt with as if the CRO had never been made, although the court must still take into account anything you did to comply with it up to that point.

Can I get a Conditional Release Order for a domestic violence offence?

A CRO can only be made for a domestic violence offence if the order includes a supervision condition, and the court must consider the safety of any victim before making the order.

Is a Conditional Release Order the same as a good behaviour bond?

CROs replaced the former good behaviour bonds from 24 September 2018. Good behaviour bonds made before that date under section 9 or 10(1)(b) are now treated as CROs under the transitional provisions of the Act.

Do I need a lawyer for a Conditional Release Order application?

You are not required to have a lawyer, but sentencing submissions involve applying legal factors to your specific circumstances, and the difference between a recorded and unrecorded conviction can matter significantly for your future, for example for employment or travel. Obtaining advice before your court date can help you understand the realistic range of outcomes for your matter.

Will Hornsby Local Court deal with my CRO matter?

Hornsby Local Court deals with a wide range of criminal and major traffic matters for the local area and can make a CRO in appropriate cases, in the same way as other NSW Local Courts. More serious matters may be dealt with in the District or Supreme Court.

Conditional Release Orders and the Hornsby area

Caspian Legal assists clients in Hornsby and surrounding Upper North Shore suburbs, including Waitara, Asquith, Wahroonga, Thornleigh and Pennant Hills, with sentencing matters at Hornsby Local Court and nearby courts, including applications for a Conditional Release Order, submissions on whether a conviction should be recorded, and representation at breach hearings. Common matters heard locally that can attract a CRO include lower-level driving offences, minor property offences and other summary matters, though the availability of a CRO always depends on the specific offence and your circumstances. Caspian Legal is based at 22–28 Edgeworth David Avenue, Hornsby NSW 2077, a short walk from Hornsby station.

What happens in a first consultation?

In a first consultation about a sentencing matter, a solicitor will review your charge sheet or court attendance notice, discuss the circumstances of the offence, explain the sentencing options realistically available including a CRO, and outline what evidence or references may help your case. If you are facing a breach hearing, we can explain the process and what the court will consider. We can explain your options; we do not promise particular outcomes.

Speak with a solicitor before your court date

If you have a criminal or major traffic matter before Hornsby Local Court or another NSW court and want to understand whether a Conditional Release Order may apply to you, contact Caspian Legal on 02 7264 3200, visit caspianlegal.com.au to make an enquiry or book a consultation, or drop in to our office at 22–28 Edgeworth David Avenue, Hornsby NSW 2077. It is best to get advice well before your court date so your case can be properly prepared.

This article is general information only and is not legal advice. Sentencing outcomes depend on the specific facts of each case and the exercise of judicial discretion. You should obtain legal advice about your specific situation before acting.

Sources

• Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10, 17C, 17F, 95, 96, 97, 98, 99, 99A, legislation.nsw.gov.au / AustLII.
• Crimes (Administration of Sentences) Act 1999 (NSW), Part 4C, ss 108C, 108D, legislation.nsw.gov.au / AustLII.
• Judicial Commission of NSW, Sentencing Bench Book, “Conditional release orders (CROs)” and “Breaches of non-custodial community-based orders”, judcom.nsw.gov.au.
• NSW Legislative Assembly, Second Reading Speech, Crimes (Sentencing Procedure) Amendment (Sentencing Options) Bill 2017, 11 October 2017.