Offence exclusions for intensive correction orders

On 21 September 2026, the Attorney General asked us to review the offences that are currently ineligible for intensive correction orders (ICOs) and consider whether any additional offences should also be excluded.

An ICO is a custodial sentence that is served in the community instead of in full-time imprisonment.

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Preliminary submissions

We are now calling for preliminary submissions on issues relevant to the terms of reference. 

To have your say, please email your preliminary submission to us at sentencingcouncil@dcj.nsw.gov.au by 25 January 2027.

For guidance on making a submission, please visit our Have your say page and review our Privacy and information management policy.

Terms of reference

The Sentencing Council is asked to conduct a review of current offence exclusions for Intensive Correction Orders (ICOs) under the Crimes (Sentencing Procedure) Act 1999 (CSP Act), and any other offences that should be excluded, and make any recommendations for reform that it considers appropriate.

In undertaking the review, the Sentencing Council should consider:

  • whether the current offence exclusions for ICOs under s 67 of the CSP Act, and limitation on ICOs for domestic violence offences under s 4B of the CSP Act, remain appropriate 
  • whether any other offences should be excluded for ICOs
  • any other matter the Council considers relevant.

Received 21 September 2026.

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