Revocation of Intensive Correction Orders

Revoking an ICO and issuing a warrant for an offender’s arrest and return to custody is the most severe penalty the SPA can take in response to a breach.

Legislation prescribes that the SPA can revoke the order:

a) if it is satisfied that the offender has failed to comply with the offender’s obligations under the order, or

b) if it is satisfied that the offender is unable to comply with the offender’s obligations under the order as a result of a material change in the offender’s circumstances, or

c) if the offender fails to appear before the Parole Authority when called on to do so under section 180, or

d) if the offender has applied for the order to be revoked.

When deciding if revocation of the order is the most appropriate response to the breach, the SPA must choose an effective date of revocation and identify the conditions on the ICO the offender has breached.

A warrant for an offender’s arrest and return to custody is then created by the Secretariat, signed, and forwarded to NSW Police for placement on their system. This warrant stays on the COPS system until the offenders is arrested and returned to prison.

The warrant will outline the:

• reasons for the revocation of the ICO (conditions breached)
• date at which revocation was effective (the date the ICO ceased) and 
• remaining balance of intensive correction order to be served (the time between the date of revocation and order expiry)
  

Once returned to prison, the offender is not eligible for bail on the outstanding matters but is entitled to a review hearing if time allows.

The SPA’s Secretariat is notified of the offender’s return to custody and sets a review hearing date.  The offender is then sent a bundle of documents including 

• the breach of ICO report
• copy of the reasons for the revocation and 
• a document asking whether the offender would like to attend the review hearing, whether they would like to be legally represented and whether an interpreter is required. If the offender seeks legal representation, this can be through the  Prisoners Legal Service or a nominated private solicitor.

Under the legislation, the SPA has powers to reinstate ICO orders at a review hearing.

However, offenders must serve at least 1 month in prison before making any application for reinstatement.