COVID-19 Information

Breach of Community Correction Order

If an offender fails to comply with the conditions of their order, they can be returned to Court, where the Magistrate or Judge may reconsider the original sentence.

In some minor instances of non-compliance, a Formal Warning will be issued and the individual may be given another chance.

In cases of continued or serious non-compliance, an individual's order will be returned to Court.

Under the Sentencing Act 1997, a Magistrate or Judge who is satisfied the individual has breached a condition of their order, can:

  • confirm the order as originally made
  • vary the special conditions to which the order is subject
  • increase the time during which the order has effect
  • cancel the order and deal with the offender for the offence/s through the making of a new sentencing order
  • cancel the order, and any other order made by the Court in respect of the offence/s, and deal with the offender through the making of a new sentencing order
Last updated: 8 August 2022