Conditional Release Orders (CROs) were introduced in New South Wales as a sentencing reform under the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017, coming into law on 24 September 2018. They replaced the old s 10(1)(b) “good behaviour bonds” under the Crimes (Sentencing Procedure) Act 1999 (NSW) (Judicial Commission of NSW).
A CRO allows a court to discharge an offender instead of imposing imprisonment or a fine, whether or not a conviction is recorded, under section 9 of the Act (AustLII). In cases where no conviction is recorded, the court proceeds under section 10(1)(b), a power now subsumed into the CRO regime (AustLII, Judicial Commission of NSW).
KEY FEATURES AND CONDITIONS:
All CROs must include two mandatory conditions:
- The offender must not commit any further offences.
- The offender must attend court if called upon (Judicial Commission of NSW).
Additional discretionary conditions may be imposed, such as:
- Participation in rehabilitation or treatment programs,
- Abstaining from alcohol or drugs,
- Non‑association with specified individuals,
- Place restrictions, and/or
- Supervision by community corrections officers
Certain punitive measures, like home detention, electronic monitoring, curfews, community service, or fines, cannot be imposed with a CRO.
The maximum duration of a CRO is two years.
FACTORS THE COURT MUST CONSIDER:
Before granting a CRO—especially one without recording a conviction—the court must consider (under s 9(2) or s 10(3)) factors including:
- The offender’s character, antecedents, age, health, and mental condition,
- Whether the offence is of trivial or minor significance,
- Any extenuating circumstances, and
- Any other matter the court deems proper to consider (AustLII, Judicial Commission of NSW).
These criteria guide whether a no‑conviction bond is justified, reflecting the offender’s accountability without a formal criminal record, where appropriate.
WHY CRIMINAL LAWYERS GROUP STANDS OUT
For those facing criminal charges in NSW and seeking the best chance at a favourable outcome, Criminal Lawyers Group is your premier legal partner. With deep expertise in CROs and sentencing strategy, our firm excels in:
- Building compelling mitigation packages,
- Leveraging character evidence, medical documentation, and tailored submissions,
- Persuading courts to exercise discretion in favour of no‑conviction outcomes under the CRO framework.
We are committed to protecting your future by pursuing results that minimise long‑term consequences, including keeping your criminal record clean.
Case Study: Securing a No‑Conviction Bond for Affray in Sydney CBD
Background
A client was charged with Affray in Sydney’s CBD—a serious public order offence under s 93C of the Crimes Act 1900, carrying a maximum penalty of 10 years imprisonment.
Our Approach
Our team meticulously gathered evidence of the client’s remorse, good character, and the contextual factors surrounding the incident. We highlighted mental health considerations and presented character references and expert reports, demonstrating that the conduct was out of character and not of lasting risk to the community.
Outcome
The court accepted our persuasive mitigation and, exercising discretion under the CRO framework, imposed a Conditional Release Order without recording a conviction—often referred to colloquially as a “no‑conviction bond.” This meant the client avoided a criminal record, provided they complied with standard CRO conditions for the duration. The client was relieved from a conviction and its potential repercussions on employment, travel, and reputation.
Final Thoughts
Conditional Release Orders offer a critical pathway in NSW sentencing law for achieving just, proportionate, and rehabilitative outcomes. By offering an alternative to conviction, CROs allow offenders to demonstrate responsibility while avoiding the long‑term stigma of a criminal record.
Understanding the legal framework—codified in section 9 (and related provisions) of the Crimes (Sentencing Procedure) Act 1999 (NSW)—is essential to effectively leveraging CROs. If you’re facing charges and want a strategic, experienced legal team on your side, Criminal Lawyers Group brings the knowledge and dedication to secure the best possible result.
Let us help safeguard your future.
Links for Reference:
- Crimes (Sentencing Procedure) Act 1999 (NSW) – see Section 9 (Conditional Release Orders)
- Criminal Lawyers Group – your trusted legal team for CROs
Contact Us
If you or someone you know is facing criminal charges and want the best possible chance at a no-conviction outcome under a Conditional Release Order, don’t leave your future to chance.
📞 Call Criminal Lawyers Group today on 8815 8177
📧 Or email us at info@criminallawyersgroup.com.au
🌐 Visit us at www.criminallawyersgroup.com.au
Our experienced and compassionate team is available 24/7 to provide trusted advice and powerful representation. From your first consultation to final outcome, we’ll stand by your side to protect your rights, reputation, and record.
Criminal Lawyers Group – Experts in criminal defence. Leaders in achieving results.