LiveChat Loading...

Australian National Character Check livechat loading
Australian National Character Check livechat loading
|
Home Blog Will a Conditional Release Order show up on a Police Check?

Will a Conditional Release Order show up on a Police Check?

Start a new Police Check
Start a new Police Check

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.

Which Conditional Release Orders show up on a Police Check?

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.

What can the court not issue with a Conditional Release Order?

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;

What is a Conditional Release 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;

What are the different types of Conditional Release Orders?

The court in Australia, after considering the necessary factors will impose the following Conditional Release Orders under any of the sections;


Section 9

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 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.

What are the conditions that should precede a CRO?

Before the court imposes a CRO instead of sentencing, they must be sure of these conditions;

What other conditions can the court impose for a Conditional Release Order?

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;


Supervision condition

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


Area restriction

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.


Abstention condition

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.


Association limitations

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.

How long does the Conditional Release Order last?

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.

Is the Conditional Release Order the same as a conviction?

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.

What does a Police Check show?

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;

Copyright & Disclaimer

The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.

You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.

The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.

Previous Blog
Next Blog

Top