Home detention orders replaced by Intensive Correction Orders
In September 2018, Section 6 of the Crimes (Sentencing Procedure) Act was repealed. Under this section, a court could make a home detention order. Intensive Correction Orders now replace home detention orders. A court may however still impose home detention as a condition of an intensive correction order.
An Intensive Correction Order (ICO) is a form of imprisonment of up to two years which is served in the community rather than in prison. When deciding whether to make an ICO, community safety is the court’s paramount consideration.
If you are convicted of a crime, the court will then proceed to imposing a sentence. If a court sentences you to a term of imprisonment, the court may order that you serve this sentence by way of ICO: Section 7 Crimes (Sentencing Procedure) Act 1999.
When imposing a sentence, there are a whole range of factors the court will take into consideration including the seriousness of the offence, any mitigating or aggravating factors, the risk of the offender re-offending, any previous offences and whether there is a risk to the public if the offender is released into the community.
If you have been charged with a crime, it is essential to be properly defended by an experienced criminal defence lawyer. George Sten & Co Criminal Lawyers are highly experienced and can argue for a fair and lenient sentence.
Home detention orders previously
Home detention is where an offender is ordered to stay within an approved residence for a specified period of time for the duration of the term of imprisonment. This means an offender may serve their term of imprisonment at their home.
Whilst home detention orders are no longer a sentencing option, a court may impose an ICO with a condition of home detention under Section 73A (2)(a) of the Crimes (Sentencing Procedure) Act.
Home detention orders made before 24 September 2018 are accepted as ICOs with standard ICO conditions and a home detention condition.
If you were sentenced to a home detention condition before 24 September 2018, it is a condition that you must not:
Commit any offence
Submit to supervision by a community corrections officer
If a court imposes an ICO in sentencing, you will be supervised by Community Corrections Officers.
Breach of an ICO
If you breach the conditions of an ICO imposed on you such as home detention, a community corrections officer may take any of the following actions:
Record the breach and take no further action
Give an informal warning to the offender
Give, or arrange to be given to, the offender a formal warning that further breaches will result in a referral to the Parole Authority
Give reasonable direction to the offender relating to the kind of behavior by the offender that caused the breach
Impose a curfew on the offender of up to 12 hours in any 24 hour period.
Breach of an ICO may result in you having to serve the rest of the sentence in full time custody (prison).
If a court imposes a home detention condition on you as part of an ICO and you leave the residence named in the ICO at a time not permitted by the order, this will amount to a breach of the ICO.
Home detention obligations
There are several specific obligations an offender must abide by under a home detention condition: see Section 189 Crimes (Administration of Sentences) Regulation 2014. These include:
To remain at the offender’s address at all times otherwise than when engaged in activities approved by a community corrections officer or when faced with immediate danger (e.g fire or medical emergency)
To submit a schedule of proposed activities for approval by a community corrections officer
To submit to electronic monitoring
Not to remove or tamper with, damage or disable electronic monitoring equipment
Not to possess or have in the offender’s control any firearm or any prohibited weapon unless approval is granted by a community corrections manager
For more information on intensive correction orders, home detention or any criminal matter, call George Sten & Co Criminal Lawyers. If you have been charged with a crime or have been convicted of a crime and are to be sentenced, it is vital to properly defend your matter and be represented by an experienced criminal defence lawyer.
We can advise you on the prospects of your case and argue for a fair and lenient sentence. Call (02) 9261 8640 or 0412 423 569 outside of business hours.