Do you know what you got?
How to find and read the orders made in your matter, and what each one requires of you now.
26.1Get the written order
Before you leave
After the decision, go to the registry counter and ask for a copy of the court's orders. Sometimes they are printed on the spot; sometimes they are posted. Do not leave the building without either the document or a clear statement of when it will arrive. If you were placed on a conditional release order, you will also be asked to sign it and given a copy; the conditions start from that moment.
If you are still unsure what happened, the NSW Online Registry shows the outcome once it is entered, usually within a day or two, and the registry will explain the order over the counter.
26.2Reading the order
What each outcome means
| The order says | What it means | What you must do |
|---|---|---|
| Charge dismissed, s 10(1)(a) | Offence proved, no conviction, no conditions. The matter is over. | Nothing. |
| Conditional release order without conviction, s 10(1)(b) | Offence proved, no conviction, conditions for the stated period. | Comply with every condition for the whole period. Breach brings you back for resentence. |
| Conviction, no further penalty, s 10A | A conviction is recorded. Nothing else. | Read Lesson 28. |
| Convicted and fined | A conviction and a fine, usually payable within 28 days to Revenue NSW. | Pay it, or arrange time to pay before the due date. Unpaid fines become enforcement orders and licence sanctions. |
| Conditional release order with conviction | A conviction, and conditions for the period. | As above, plus Lesson 28. |
| Community correction order | A conviction and supervised conditions, possibly community service. | Report to Community Corrections within the time stated, usually seven days. Missing the first appointment is a breach. |
A finding of guilt without conviction is still a finding of guilt. It appears in court and police records and can be referred to if you are before a court again. For a National Police Check for most employment purposes it does not appear as a conviction. Lesson 28 covers the exceptions.
26.3If you are on conditions
Compliance
The standard conditions of a CRO are that you do not commit any offence and that you appear if called on. Read every additional condition and put its requirements in your calendar: a supervision appointment, a program, a non-association. A breached CRO without conviction is resentenced with a conviction, and the Judge who resentences you has your whole file. The order is the court trusting you. Keep it.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 95 to 99 (conditions of CROs), 108C (breach). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.