EXTENDED SUPERVISION ORDERS IN NSW

The making and revoking of Extended Supervision Orders (ESO) are serious matters that require the expertise of specialised criminal lawyers. Criminal Lawyers Group have been nationally recognised as the number one criminal law firm in NSW for preventing, revoking and securing the best possible conditions for clients who are subject to an ESO or potential ESO.

This article will explore the law on ESOs.

If you or anyone you know are subject to an ESO or potential ESO, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

WHAT IS AN ESO AND HOW IS IT MADE?

An ESO is granted its authority from the Crimes (High Risk Offenders) Act 2006 (NSW) and is defined by that legislation as an order for the supervision of an offender made under section 5B of the Act.

It enables the Supreme Court of NSW to make an order for the supervision in the community of a person (an extended supervision order) if:

The person is an offender who is serving (or who has served) a sentence of imprisonment for a serious offence either in custody or under supervision in the community, and
The person is a supervised offender (within the meaning of section 5I), and
An application for the order is made in accordance with section 5I, and
The Supreme Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision under the order.

WHAT IS A SUPERVISED OFFENDER?

As ESOs only apply to supervised offenders within the meaning of Section 5I of the Crimes (High Risk Offenders) Act 2006 (NSW), it is important to know what in fact constitutes a ‘supervised offender’.

Section 5I of the Crimes (High Risk Offenders) Act 2006 (NSW) defines a supervised offender as an offender who, when the application for the order is made, is in custody or under supervision:

(A) While serving a sentence of imprisonment—

for a serious offence, or
for an offence of a sexual nature, or
for an offence under section 12, or
that is an aggregate sentence of imprisonment in relation to which at least 1 of the offences to which the aggregate sentence relates is an offence referred to in subparagraph (i), (ii) or (iii), or
for an offence, whether under a law of this State or another Australian jurisdiction, that is part of a cumulative sentence of imprisonment in relation to which at least 1 of the sentences of imprisonment comprising the cumulative sentence of imprisonment is a sentence of imprisonment referred to in subparagraph (i), (ii), (iii) or (iv), OR

(B) Under an existing interim supervision order, extended supervision order, interim detention order or continuing detention order.

If you are unsure whether you may be liable to an ESO, contact our specialised ESO lawyers now for a free consultation.

WHAT CONDITIONS CAN BE ATTACHED TO AN ESO?

Section 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) classifies the conditions that can be attached to an ESO as including, but not limited to:

Requiring the offender;

to permit any corrective services officer to visit the offender at the offender’s residential address at any time and, for that purpose, to enter the premises at that address
to permit any corrective services officer to access any computer or related equipment that is at the offender’s residential address or in the possession of the offender
to make periodic reports to a corrective services officer
to notify a corrective services officer of any change in their address
to participate in treatment and rehabilitation programs
to wear electronic monitoring equipment
to reside at an address approved by the Commissioner of Corrective Services
not to associate or make contact with specified persons or classes of persons
not to engage in specified conduct or classes of conduct
not to engage in specified employment or classes of employment
not to change their name
to comply with specified requirements in connection with access to and use of the internet.

COMPULSORY ESO CONDITION

Section 11 of the Crimes (High Risk Offenders) Act 2006 (NSW) requires that an ESO or interim supervision order include a condition requiring the offender not to leave NSW except with the approval of the Commissioner of Corrective Services.

WHAT HAPPENS IF A PERSON BREACHES AN ESO?

It is a criminal offence to breach an ESO.

Section 12 of the Crimes (High Risk Offenders) Act 2006 (NSW) prescribes a maximum penalty of 5 years imprisonment and/or a fine of $55,000 for a person convicted of breaching an ESO.

Other penalties available for a conviction of the criminal offence of breaching an ESO include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond.

MR STEVEN MERCAEL SUCCESSFULLY SECURES REVOCATION OF CLIENT’S ESO

Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another revocation of a client’s ESO after successfully arguing that his client no longer posed an unacceptable risk of committing a serious criminal offence.

This result is among the latest of a continuous record of ESO preventions, revocations and relaxing of conditions achieved by Criminal Lawyers Group.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been subject to an ESO or potential ESO, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for preventing, revoking and securing the best possible conditions for clients who are subject to an ESO or potential ESO.