Revoking an ICO and issuing a warrant for an offender’s arrest and return to custody is the most severe penalty the Authority can take in response to a breach of ICO.
Legislation prescribes that the Authority can revoke the order under the following grounds:
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 determining that revocation of the order is the most appropriate response to the breach, the Authority 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 it is executed and the offender is returned to a correctional centre.
The warrant will outline the reasons for the revocation of the ICO (conditions breached), the date at which revocation was effective (the date the ICO ceased) and the remaining balance of intensive correction order an offender is required to serve (the time between the date of revocation and order expiry).
Once returned to custody, the offender is not eligible for bail on the outstanding matters, however, is entitled to a review hearing.
The Secretariat is advised of the offender’s return to custody and fixes a review date. Upon the public review date being set, the offender will be sent a bundle of documents (including the breach of ICO report, a 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 Aboriginal Legal Service, Prisoners Legal Service or a nominated private solicitor.
Unlike a parole order, after an offender has returned to custody on revocation of their ICO, legislation allows for reinstatement of the order at the review hearing.