Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Community corrections orders

Find out what a community correction order is, how it works and the terms and conditions.

On this page

A community corrections order is a decision by a judge or magistrate that allows you to serve your sentence in the community. These court orders have at least one condition attached. These conditions differ according to the kind of offence you have been found guilty of and your particular circumstances.

When community corrections orders can be made

Orders (a decision made in court) can be made in the Magistrates', County or Supreme courts. These orders are more serious than a fine but not as severe as being sent to jail.

The magistrate or judge may decide to make a community corrections order if all of the following apply:

  • the offence that they find you guilty of can be punished by more than five penalty units
  • they do not think a fine is appropriate
  • you have agreed.

How long can an order last?

These orders may only be made for up to two years if made in the Magistrates’ Court. Orders can be no longer than the maximum jail term that could be ordered for the particular offence.

Pre-sentence reports

If a magistrate is thinking about giving you a community corrections order, they will need to get a report from Corrections Victoria to see if this kind of order is suitable. This is called a pre-sentence report.

The magistrate will usually adjourn the matter until the report can be made. In most cases this can be done on the same day and you will be able to go back into court for sentencing that afternoon.

No pre-sentence report is needed if the only condition in your order is for less than 300 hours of community service work.

What the report includes

The report may include any of the following information, including:

  • your age
  • your social, medical or psychiatric history and whether you have any special needs
  • your educational and employment history
  • your financial circumstances (and if you can afford to pay a bond)
  • any history of your drug or alcohol use

It may also include:

  • details of the circumstances of any other offences, that the court knows about
  • services available to help reduce the risk of you committing other offences
  • courses, treatments or programs that might help
  • information about whether you have the capacity to do any unpaid work
  • how long any intensive correction period should apply
  • any other information the person writing the report believes is relevant.

Terms and conditions of a community corrections order

The purpose of the community corrections order is to provide an order that fits the offence and your circumstances.

Part of the aim is to help you to sort out some of the problems that led to the offending (such as to help with a drug addiction) and to still give you a penalty.

Terms

Every order has terms that must be followed

For example, they might include – that you must:

  • not commit any offences while the order is in place (punishable by imprisonment)
  • report to Corrections Victoria within two days of the order being made and must meet with your supervisor regularly after that
  • let Corrections Victoria know if you change address
  • stay in Victoria unless you get permission to leave
  • comply with any direction that Corrections Victoria give you.

All orders must also include at least one condition.

You can find out more by visiting the Corrections Victoria website and watching their video: What is a community corrections order?

Conditions

The magistrate or judge will include one or more of these conditions in your order.

The orders may include the condition that you:

  • work up to 600 hours of community service work (up to 20 hours each week)
  • agree to have treatment for drug or alcohol use
  • accept supervision or management by Corrections Victoria
  • stay away from a particular person (like someone you committed the offence with)
  • stay away from a particular place (such as Melbourne city centre)
  • stay home between particular hours (such as not go out after 11 pm)
  • stay away from licensed places
  • go back to court so the magistrate can check your progress (called judicial monitoring)
  • pay a bond
  • agree to another order that the magistrate thinks will fit your particular circumstances.

Supervision by Corrections Victoria

When a magistrate makes a community corrections order, the court will give you details of the Corrections Victoria office that you have to report to. You will be allocated a case manager and an appointment date and time.

This appointment is organised as part of your pre-sentence report. It is very important that you attend your appointment.

If you break the order

Breaking the order could be anything from not doing what you have been directed to do by your supervising corrections officer, to committing another offence.

It is an offence to break (contravene) a community corrections order unless you have a reasonable excuse. If something happens and you cannot comply with the conditions of the order, you have to let the person who has been supervising you at Corrections Victoria know as soon as possible.

Penalties

The maximum penalty for contravening a community corrections order is three months jail or a fine of up to 30 penalty units.

In addition, the magistrate or judge could:

  • resentence you on the original offences
  • extend or vary the order
  • take no further action.

It is important you get legal advice if you are charged with contravention of the order.

Support from other organisations

I need legal information about

Updated

Back to top
Legal Help Chat