Conditional Release Orders

A Conditional Release Order (CRO) is a sentencing option under the Crimes (Sentencing Procedure) Act 1999 (NSW) that allows a court to release an offender into the community, subject to conditions, for a period of up to two years, instead of imposing a fine or a term of imprisonment. It sits at the lower end of the sentencing hierarchy, generally reserved for less serious offences or offenders assessed as a low risk to the community.

A CRO can be imposed in two distinct ways: with a conviction recorded against the offender under section 9, or without any conviction at all under section 10(1)(b). This distinction matters significantly, since a CRO with a conviction still results in a criminal record, while a CRO without conviction — often what people mean when they refer informally to "getting a section 10" — does not.

Every CRO includes a standard condition that the offender not commit any further offence during the order, and that they appear before the court if called upon to do so during that period. Courts can also impose additional conditions tailored to the offence and the offender, such as attending counselling or a rehabilitation program, abstaining from alcohol or drugs, or complying with supervision by Community Corrections.

Where supervision is ordered, a Community Corrections officer monitors the offender's compliance throughout the order, and can report any concerns back to the court. The length and specific conditions of a CRO are tailored by the sentencing court to the individual offender and the circumstances of the offence.

A section 9 CRO with conviction records a criminal conviction against the offender's name, which can appear on certain background checks, but does not involve a fine or imprisonment. A section 10(1)(b) CRO without conviction, by contrast, means no conviction is recorded at all, provided the offender complies with the order for its duration.

Because the consequences for your criminal record are so different, which version of a CRO is imposed is often one of the most important issues argued at sentencing, and can turn on factors such as your prior record, the nature of the offence, and the strength of the supporting material put before the court.

If you are convicted of a further offence during the CRO period, or otherwise fail to comply with its conditions, the court dealing with the breach can take no action, vary the conditions, or revoke the order altogether. Where the order is revoked, the court can re-sentence you for the original offence as if the CRO had never been made — including, for a CRO without conviction, potentially recording a conviction after all.

This means the benefit of a CRO, particularly one made without conviction, is not fully secured until the entire period has passed without further breach, making genuine compliance throughout the order just as important as the outcome achieved at the original hearing.