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A “second or subsequent offence” means that the maximum penalties that apply to a new traffic charge will be more serious. However, the previous offence must have occurred within the last 5 years. In addition, the prior offence needs to be an “equivalent offence”, or a “major offence”.

The provision is defined in the Road Transport Act 2013 (NSW).

We have included some further details below. However, for detailed advice on your circumstances, contact us on 0421 700 497 for a free initial consultation.

How do I know if I’ve been charged with a second or subsequent offence?

The Court Attendance Notice provided to you by police will usually include whether the charge is a second offence. In addition, it can be confirmed by your traffic record.

Examples:

Some examples of circumstances where this provision will apply include:

• A drink driving charge, and you have a previous conviction for a drink driving charge, a drug driving charge, or a driving while disqualified charge in the last 5 years
• A driving while disqualified charge, and you have a previous conviction for driving while suspended in the last 5 years
• A driving with an illicit drug present in your blood charge, and you have a prior conviction for drink driving or drug driving in the last 5 years
• A drink driving charge, and you have a prior conviction for negligent driving occasioning grievous bodily harm

We can help

Our experienced traffic lawyers regularly appear in in courts throughout Newcastle, Sydney and New South Wales. Our commitment is to help you get your licence back as soon as possible.  

Contact us today on 0421 700 497 for a free initial consultation. 

An Intensive Correction Order (ICO) is a sentence of imprisonment imposed by a court. However, the term of imprisonment is served within the community.

Standard ICO Conditions

An ICO requires you to obey strict conditions. The order can include standard conditions and additional conditions. As a result, an ICO can be quite onerous.

The standard conditions of an ICO are:

• To not commit any offence
• Supervision by a community corrections officer.

Additional ICO Conditions

An ICO may have additional conditions imposed. For example:

• A curfew
• Home detention
• Electronic monitoring
• A community service order
• You need to complete a rehabilitation condition
• You must abstain from drugs or alcohol
• Restrictions on visiting certain areas
• You can’t associate with certain people

What happens if I breach an Intensive Corrections Order?

Breaching an ICO can result in full time jail.

Unlike a Community Correction Order, Probation and Parole will deal directly with a breach. Therefore, the original charge will not go back before a court and you will not be re-sentenced.

Probation and Parole will first decide if the breach is proven. Following this, they will decide whether any action should be taken. This can include revoking the ICO.

Revoking the ICO will result in full time imprisonment. In other words, you will be in jail for the rest of your sentence.

A Community Correction Order (CCO) is a sentence imposed by a court upon conviction. It is an alternative sentence to imprisonment. 

Conditions

The standard conditions are:

• To be of good behaviour
• Appear before a court if called on to do so
• Notify the court if you change address.

Additional conditions can also be imposed. For example:

• Supervision by Community Corrections
• A requirement to complete a rehabilitation program
• Community service hours
• A condition that you abstain from drugs
• To abide by a curfew

Length of the order

When making the order, a magistrate or judge will specify the length. However, it cannot exceed 3 years for each offence.

Do I have a criminal conviction?

Yes. A conviction will be recorded unless a conditional release order without conviction is imposed.

What happens if I breach a Community Correction Order?

If you commit a further offence while on a CCO, then a court may re-sentence you for the offence/s for which you received the CCO for.

The court has the option to not take any action. Alternatively, the court may call up the order and re-sentence you. In other words, the court can impose a more serious penalty. For example, a longer CCO or an Intensive Correction Order.

A Conditional Release Order (CRO) is a sentence imposed by a court requiring you to be of good behaviour. In addition, it requires you to appear at court if called upon to do so and to notify the court if you change address.

Additional conditions can also be imposed. For example, a condition requiring you to continue to see a psychologist or a condition that you abstain from drugs.

If a CRO is imposed, the court cannot also impose a fine in relation to the same offence. However, court fees will apply.

How long is a Conditional Release Order?

The order can be made for a period of up to 2 years. When making the order, a magistrate or judge will specify the length.

Do I have a criminal conviction?

A CRO can be imposed with, or without, a conviction.

If it is imposed without conviction, you will be discharged and the offence will not appear on your criminal record once you have successfully completed the order. It is important to understand that the offence will show on your record until the order ends.

If it is imposed with conviction, the conviction will remain once the order is complete.

What happens if I breach a Condition Release Order?

If you commit a further offence while on a CRO, then a court may re-sentence you for the offence for which you received the CRO for.

The court has the option to not take any action. Alternatively, the court may call up the order and re-sentence you. A more serious penalty may be imposed. For example, a fine or Community Correction Order.

No, an Apprehended Violence Order (AVO) will not show on a criminal record.

Why not?

An AVO will not appear on a criminal record because it is not a criminal charge. Instead, it is a civil proceeding.

This means that in order to make a Final AVO, a court must be convinced “on the balance of probabilities” that the AVO is necessary, instead of “beyond reasonable doubt”.

Offences that will show on a criminal record

A conviction for a criminal charge that is related to domestic violence will be on a criminal record.

Police will often issue an AVO as well as charge you with a domestic violence related offence. This can include common assault, damage property or intimidation. As a result, if you are convicted, it will appear on your record.

Similarly, the AVO can appear on your record if it is breached. For example, the AVO may require you to not contact a person within 12 hours of consuming drugs or alcohol. Police can then charge you with contravene or breach AVO. Therefore, if you are convicted the charge will show on your record.

We can help

Domestic violence matters can be emotionally difficult and complex. If you require more information, please visit our Apprehended Domestic Violence Order page.

We believe that experience and preparation is key to providing quality representation. We are committed to helping you to obtain the best possible outcome for your case.

Contact us on 0421 700 497 for free initial advice.