If you’re facing full time imprisonment in NSW, an Intensive Correction Order (ICO) may allow you to serve it in the community instead of custody. Recognised across New South Wales courts as a genuine alternative to full time imprisonment, an ICO is available for sentences up to 3 years and involves intensive supervision, community service work, and regular contact with a community corrections officer.
If you’re facing sentencing and want to know whether an ICO is available to you, request your initial consultation here or call (02) 9261 4281.
What Is an Intensive Correction Order?
An ICO is a sentence of imprisonment served in the community rather than in custody, under section 6 of the Crimes (Sentencing Procedure) Act 1999 (NSW). The sentencing court imposes a term of imprisonment but directs that it be served via an ICO, meaning you remain at liberty subject to strict conditions and community supervision.
An ICO is an alternative sentencing option designed to address the offender’s risk of reoffending while keeping them productively engaged in the community. Community corrections plays a central role in monitoring compliance and supporting rehabilitation throughout the order.
Key features:
- Available for sentences typically up to 3 years (exceptional circumstances may allow longer with court approval)
- Includes a community service work condition, typically 840 hours
- Regular reporting to a community corrections officer from NSW Corrective Services
- Often includes a rehabilitation or treatment condition
Eligibility
The sentencing court considers whether full time imprisonment is necessary and whether community supervision can adequately protect community safety. Community safety is the court’s paramount consideration when determining whether an ICO is appropriate.
ICOs are generally not available for offences involving:
- Serious violent offences
- Prescribed sexual offences or other sexual offences
- Domestic violence offences
- Terrorism offences
- Offences involving child abuse material
- Certain drug offences
The court determines eligibility by assessing whether the offender’s risk can be adequately managed outside custody. An assessment report is typically prepared by Community Corrections to address the offender’s risk profile, rehabilitation prospects, and suitability for community supervision.
Courts also consider whether the offender has stable accommodation, genuine community ties, and a realistic chance of rehabilitation. In cases involving multiple offences, the court decides whether an ICO is workable across each matter. Our criminal lawyers can advise on your specific eligibility during a free consultation.
ICO Conditions
Mandatory conditions (all ICOs include these):
- Good behaviour
- Completion of the community service work condition (typically 840 hours)
- Regular reporting to a community corrections officer
- Residence at an approved address
- Not committing a further criminal offence
Further conditions may be tailored to your circumstances:
The intensive correction order conditions imposed will depend on your individual circumstances. Additional conditions may include:
- Curfews or home detention periods
- Electronic monitoring
- A rehabilitation or treatment condition (including substance abuse treatment or psychological intervention)
- A non-association condition
- A place restriction condition prohibiting entry to specified locations
The sentencing court may impose further conditions where they are necessary to address the offender’s risk or support rehabilitation.
Supervision and Breach Consequences
During an ICO, you are under intensive community corrections supervision. A community corrections officer monitors your compliance through regular check-ins, home visits, and report verifications.
Where non-compliant behaviour is identified, the officer may give an informal warning or a formal warning before referring the matter for further action. The level of response depends on the seriousness and frequency of the conduct.
For serious breaches, including missed community service hours, failure to report, curfew violations, or substance use, the matter is referred to court. Where an offender failed to comply with a reasonable direction or continued non-compliant behaviour after formal warnings, the court considers the full range of consequences. Further breaches following a warning are treated more seriously.
If the court finds breach proven:
- The ICO can be revoked
- You may be imprisoned for the remainder of the sentence
- Following imprisonment, ongoing supervision may involve the State Parole Authority
If you are concerned about a potential breach, seek advice from a criminal lawyer immediately.
When an ICO Is Appropriate
An ICO is most suitable when:
- You have genuine prospects of rehabilitation
- You have strong community and family ties
- You have stable, approved accommodation
- Your reoffending risk is assessed as lower
Advantages over a custodial sentence:
- Maintain employment and continue earning income
- Preserve family relationships
- Avoid the traumatic effects of incarceration
- Access to integrated rehabilitation programs addressing underlying issues
- Avoid a prison record
See also: Conditional Release Orders and Section 10 non-conviction orders for less restrictive sentencing alternatives.
Frequently Asked Questions
How many hours of community service will I have to do?
Typically 840 hours, roughly 24 hours per week over a year. All hours must be completed within the ICO period.
Can I work while serving an ICO?
Yes. Employment is actively encouraged. You must arrange community service hours around your work schedule.
What happens if I breach my ICO?
Breach is serious. It is reported to police and results in court proceedings. If breach is proven, the ICO can be revoked and you can be imprisoned for the remainder of the sentence. Do not ignore a potential breach, seek legal advice immediately.
How long is an ICO?
Up to 3 years as imposed by the court. The full term must be served via the ICO in the community.
Is an ICO recorded on my criminal record?
Yes. A conviction is recorded, and the sentence appears on your record. After 10 years, the offence may become “spent” under spent conviction provisions.
Check out our other criminal law case studies.
Facing Sentencing? Get Advice Early
The sooner you engage experienced representation, the better your prospects of securing an ICO over a custodial sentence.
Request your initial consultation by filling in the form below, or call (02) 9261 4281.
