Breaching a Community Corrections Order
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What Does It Mean to Breach a Community Corrections Order (“CCO”)?
Breaching a CCO is considered a serious (indictable) offence in Victoria, as outlined in section 83AD of the Sentencing Act 1991 (Vic) (SA).
It occurs when a person fails to follow the terms of a CCO imposed by committing an offence that carries a term of imprisonment (in or outside of Victoria) during the period of the CCO, or by failing to comply with the lawful conditions of their CCO (section 45 SA).
Other related breach offences include:
- Breaching an intervention order
- Breaching bail conditions
For information on these sections, please refer to our website’s other publications.
Examples of Breaching a CCO
The offence of breaching a CCO encompasses a wide range of actions and behaviours. Common examples include:
- Failing to meet with a manager/supervisor as required by the CCO.
- Not attending mandated counselling or testing for drug addiction.
- Committing theft (e.g., stealing laptops from an electronics store) while on a CCO.
Questions to Consider Before Pleading Guilty or Not Guilty
To evaluate your chances of successfully defending a breach of a CCO charge in court, consider the following important points:
- Has the prosecution provided accurate particulars of the charges?
- Does the prosecution have a strong case against me?
- Should I plead guilty or not guilty? Would a contested hearing or trial be appropriate?
- How did I breach my CCO?
- By committing further offence(s)?
- By not complying with the order(s)?
- What circumstances led to my breach?
- Did I experience changes in personal, health, or employment circumstances?
- Have I made positive changes since the CCO was imposed?
- Such as participating in counselling, rehabilitation, or community activities?
- Is there evidence from Corrections Victoria that incorrectly reflects my compliance with the order(s)?
- Was my breach noted within the relevant timeframe?
- Does my alleged breach carry a term of imprisonment?
- Would I prefer to be re-sentenced for the original offences or complete the order?
- What options are available to minimise my penalty?
- Can I persuade Corrections Victoria to allow me to continue under the order until the breach is addressed in court?
- Is there a lawful justification for breaching my CCO (e.g., mental impairment/illness)?
- Should we subpoena relevant materials (like file notes) from the opposing party to find inconsistencies (e.g., regarding appointment attendance)?
Our experienced lawyers will help answer these questions and prepare a strong case for you.
What does the prosecution have to prove?
To determine whether you have been charged with breaching a CCO, consider what constitutes the offence (as defined above). Specifically, can the disputing party establish beyond a reasonable doubt all elements of the offence?
- You were subject to a CCO?
- A CCO is a sentence that courts can apply for a fixed time if:
- A defendant is found guilty of an offence.
- The offence attracts at least five penalty units.
- The court has received a pre-sentence report (if necessary).
- The defendant consents to the order (section 37 SA).
- All CCOs have standard conditions attached to them.
- CCOs cannot begin more than three months after the order is made (section 38(2) SA), except if the defendant has been sentenced to a CCO alongside a term of imprisonment, where the CCO starts upon release from custody (section 44(3) SA).
- A CCO is a sentence that courts can apply for a fixed time if:
- You breached the core conditions of your CCO?
- By committing an offence (attracting a term of imprisonment) during the CCO?
- By failing to comply with any lawful condition of the CCO during its duration?
Lawful conditions are detailed under section 45 SA and may include:
- Attending supervision.
- Mandatory rehabilitation or testing.
- Completing unpaid community work (e.g., failing to complete the required hours in the given timeframe).
- You had no lawful justification/excuse for breaching the CCO?
- For instance, a medical condition (like pneumonia) preventing engagement in community work or attending mandatory sessions.
- The defendant must provide Corrections Victoria with evidence (e.g., a letter from a GP) to substantiate this.
Note: The matter must proceed before the relevant court within specific timeframes:
- Within six months of being convicted or found guilty of another offence that attracts a term of imprisonment.
- Within one year after the order ends (if no further offence has occurred).
- Within two years after the order ends (section 83AH SA).
If the disputing party cannot establish beyond a reasonable doubt all elements of the offence, you are not guilty.
Where Will my Matter be Heard?
Breaching CCO offences are always dealt with by the court that issued the order. Consequently, all courts (Magistrates, County, and Supreme Courts of Victoria) may handle this offence.
Note: Maximum timeframes apply for how long a CCO can be in effect, based on the court dealing with the offence:
- Magistrates Court:
- 1 offence: 2 years (section 38(a)(i) SA).
- 2 offences: 4 years (section 38(a)(ii) SA).
- 3 or more offences: 5 years (section 38(a)(iii) SA).
- County or Supreme Court:
- 1 or more offences: 5 years (section 38(b) SA).
Defences to consider:
If you plead not guilty to the charge of breaching a CCO, possible defences to explain your behaviour will depend on the circumstances surrounding the alleged offending. Each case is unique and requires a tailored approach. Possible defences may include:
- The opposing party failing to establish beyond a reasonable doubt all elements of the offence (see above).
- An alibi.
- A lawful reason or justification for not attending community work or breaching the CCO (e.g., injury/illness or a sudden emergency).
- Honest and reasonable belief that you did not breach the CCO.
- Mistaken identity, wherein there is a factual dispute about the actual events.
- A different individual being responsible for the breach.
Penalties for breaching:
If found guilty of breaching a CCO, one of the following penalties may be imposed:
- Term of imprisonment:
- Level 9 offence (maximum 3 months).
- In serious cases, imprisonment is a likely outcome.
- Financial fine (conviction or non-conviction):
- Maximum of 30 penalty units ($4,663.80).
Note: The Magistrate cannot direct the defendant to serve the sentence concurrently with any other sentence, nor can they suspend the whole or part of the defendant’s sentence (Sentencing Act 1991).
To apply for a conviction or non-conviction concerning any of the above penalties, our lawyers must submit the relevant section 8 application to the court
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What happens next:
If You Have Received a Summons for Breaching a CCO You Need Representation
If you have received a summons for breaching a Community Corrections Order (CCO), it is crucial to engage a law firm with proven experience in criminal law.
The criminal justice system (CJS), which includes police, courts, magistrates, and judges, can be an unfamiliar and intimidating environment, especially for unrepresented and/or first-time defendants. The CJS prioritises the prosecutor’s and public’s interests, not yours. Courts take breaches of CCOs very seriously and often impose harsh penalties, particularly given the recent rise in such offences in Victoria. Due to the relevant legislation and the numerous aggravating and mitigating factors involved, being well-prepared and seeking legal advice from us as soon as possible is critical in helping you achieve the most favourable outcome.
MK Law has a team of expert criminal defence and bail lawyers across our four offices (Melbourne, New South Wales, South Australia, and Western Australia) who have represented thousands of clients facing breach of CCO offences.
We take these allegations very seriously. During our confidential consultations, we carefully listen to our clients’ unique instructions and perspectives, consider all relevant factors, explain the possible penalties, and guide you through the most appropriate options—whether to plead not guilty, plead guilty to settle for a lesser charge, or admit guilt to elements of the crime to eliminate the need for the prosecution to prove guilt.
We appear in court daily and understand what strategies work. We have in-house counsel who run contested hearings if you dispute the allegation from the beginning, ensuring you receive continuity with the same lawyers throughout your case.
We have successfully represented many clients and developed strong plea and defence strategies in Victorian courts by contesting charges—this includes conducting our own investigations, requesting disclosure material and statements from witnesses, proactively seeking overlooked evidence, and rigorously cross-examining the prosecution’s case. We ensure to explain the underlying circumstances of your offending and personal history while arranging and submitting supporting evidence to the court, including defence witness statements, character references, and expert reports (such as psychological evaluations). This equips us to navigate the complex legal environment and work through the processes and factors guiding the court. Our primary goal is to defend you and persuade the court to impose the fairest and most lenient penalty, such as avoiding imprisonment, having charges dismissed or withdrawn, and/or seeking a costs order against the prosecution for reimbursement of your legal expenses.
Our lawyers regularly participate in professional development training to stay current with the latest laws in this area.
Contact our experienced team of criminal defence lawyers for confidential legal advice 24/7 at 1800 130 120
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