Please be ready with your application reference number starting with 'P'. For example P1234567
Section 10 of the Crimes (Sentencing) Act allows for the court not to record a conviction against a person if they are found guilty of an offence. It is called a conditional release order (CRO) and in other places; a Good Behaviour Bond.
The conditional release order binds the person or guilty party to an agreement of good behaviour for certain periods. In exchange, the conviction details and records will not show up in their criminal record.
Whether a conditional release order (CRO) will or will not show up in your Police Check depends on the type of CRO you get.
Also, the Section 9 Conditional Release Order will show up in the Police Check if it is pertinent to the role the candidate applies for.
The Court imposes the details of the CRO following the Crimes (Sentencing) Act of Australia. However, the court cannot impose any of the following as part of the order;
When the court finds a person guilty of an offence, it proceeds to sentence the person. However, the court can decide to grant a CRO instead of the full penalties of the sentencing. All these are based on the discretion of the court while considering other factors.
Before issuing the Conditional Release Order, the court considers;
The court in Australia, after considering the necessary factors will impose the following Conditional Release Orders under any of the sections;
The court may order a section 9 Conditional release order depending on the circumstances of the offence. The section 9 release order may/not show up in your Police Check results, but will remain on your police Nationally Coordinated Criminal History Check records.
Section 10 (1) (a) Conditional Release Order
Under these CRO conditions, the court will dismiss the charge out rightly. Dismissed charges will never appear on Police/criminal records.
Section 10 (1) (b) Conditional Release Order
The Court can also impose the conditional release order without recording a conviction for 2 years. However, the person must adhere to all conditions of the order, else it becomes void.
The candidate must also adhere to custom orders the court imposes.
Section 12 CRO
The court can grant an offender a Good Behaviour Bond instead of their imprisonment order. However, the imprisonment term must not be older than 2 years for the offender to qualify for this type of Good Behaviour Bond.
This type of Good Behaviour bond is known as the Suspended sentence term or a section 12 Good Behaviour Bond.
However, if the person fails to comply with the conditions of their orders, the court can revoke the CRO and sentence the person based on the original offence.
Under section 10 (1) (c)
The court may also discharge a candidate with the conditions that complete an intervention program. On completion of the program or therapy, the court will exclude the conviction from their police criminal record.
Before the court imposes a CRO instead of sentencing, they must be sure of these conditions;
Under the crimes and sentencing Act, the court can impose additional conditions on the Conditional release orders. However, these conditions must not be those prohibited by the law or malicious to any of the parties.
Some examples of the condition are;
The court can order the offender to submit themselves for submission under designated parole or community corrections officers. They will also submit regular reports about the offender on their duties
The court can prohibit the person from visiting or attending specified places or areas. Also, in serious cases, the court may prevent the offender from travelling out of the region or place.
The court may also impose a prohibition order from drugs or alcohol, especially when in certain areas.
Treatment and rehab
The court may also impose a condition that the offender participates in rehabilitation or educational programs during their conditional release orders.
It is added if the offender has a drug or alcohol problem or mental issues.
The court may also prohibit the offender from associating with some people or a particular person. This condition usually follows in cases of stalking, theft, harassment, affray, and so on.
The Magistrate or Judge usually decides the appropriate duration for a release order. However, the law puts a maximum period of 2 years irrespective of the conditions imposed in the court.
After 2 years, the court reviews the conditional release order and gives the final pronouncement on the offender.
No, the conditional release Orders is an alternative to sentencing by the court. It is an agreement that an offender will abide by the conditions imposed by the court.
At the expiration of the CRO period, the court will not record a conviction for the court which it finds you guilty of.
The nationally coordinated criminal history check certificate is a nationwide document that contains the criminal history of the individual as related to the purpose. It is an important risk mitigation policy for many organisations and follows all disclosure policies per Australian legislation
Other information/conviction a Police Check will show are;
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 - https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-053
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