A Quick Guide to Intensive Correction Orders (ICO)

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An intensive correction order (ICO) is a court sentence that effectively allows the person to serve their prison sentence in the community under very strict conditions. It is applicable only in circumstances where an offender is likely to be sentenced to up to two years full-time imprisonment. When issuing an intensive correction order, one key consideration the Court will take into account is the protection of the community’s safety.

It is mandatory that the person under an ICO be put under strict supervision. Participation in corrective programs addressing their behaviours may be required. Additionally, courts may decide to put certain restrictions and conditions such as up to 500 hours of community service, curfews and controls on consumption of alcohol and drugs.

Should the ICO conditions and obligations be breached, a person may be arrested and find themselves serving their sentence in full time imprisonment. 

Because one of the paramount consideration for an ICO is the safety of the community, ICOs will not be given for all types of offences.

As previously stated, the ICO is essentially a type of prison sentence that is designed for the accused to remain in the community. The court, however, can only impose an ICO sentence if the only appropriate penalty is a sentence of imprisonment, meaning the Court must be satisfied when sentencing an offender that the offence and the circumstances are sufficiently serious that the only available sentencing option for the offender is imprisonment (see Section 10 of the Crimes (Sentencing) Act 2005.



That’s why it is important to note that “imprisonment” as a penalty may not necessarily mean the offender will head to prison—it could mean an ICO, a suspended prison sentence, or a full-time prison sentence. If the court considering sentencing a person to imprisonment, the Court may order that the offender be assessed by ACT Corrective Services for suitability for an ICO. Not everyone is suitable for an ICO, especially since medical conditions are considered as part of the assessment process.

Pursuant to Section 11 of the Crimes (Sentencing) Act 2005, here are the types of orders the court can make:



• Intensive correction orders themselves: This can apply to adult offenders convicted of an offence, where the court has decided to impose a sentence of imprisonment but is deciding whether the sentence can be served in the community or not. Should the prison sentence not be for more than 2 years, the magistrate or judge may decide the sentence can be dealt with as an intensive correction order served in the community. 
• Community service: Community service can be part of an ICO, which requires the offender to do community service work that ACT Corrective Services deems suitable. The law dictates that the offender is not required to do work they are not capable of. Instead, all works of service must be practical and possible in the circumstances in order to ensure that the offender can keep up with the rigours of the other tasks and activities required under the ICO, including attending rehabilitation programs..
• Curfews: a curfew may also be part of an ICO, According to the Crimes (Sentence Administration) Act 2005, a curfew condition must include the following details: 1) the place where the offender must remain for the curfew; 2) the period of time that the curfew will be in place.
• Rehabilitation: Given that one of the purposes of an ICO is to rehabilitate an offender, the offender may be required to comply with any rehabilitation program condition imposed by the sentence. Offenders are required to attend the program, as well as report to the place and program coordinator of the program on time.

As with anything relating to the ACT law and criminal law, aspects of it can be difficult to grasp. Whilst an intensive correction order is better than going to prison, there are strict conditions to be met. If you are facing serious charges and you want to know where you stand, you need advice from a leading criminal lawyer in Canberra.

If you wish to learn more about intensive correction orders and whether you may be able to be sentenced to an intensive correction order, make sure you work with the best criminal lawyers in Canberra. As a firm passionate about innovation and fighting fearlessly to ensure you are going to get the best possible result in your case, we’ll help you come up with the best possible strategies to help your defence and to help you achieve justice. Contact our team of lawyers today for more information.