Home Detention

The Statutes Amendment (Home Detention) Act 2016 has been passed by Parliament. 

The changes provide greater flexibility in the use of home detention, presenting an alternative sentencing option for low-risk and non-violent offenders. It allows courts to order that a period of imprisonment be served on home detention in place of a prison sentence.

The Act amends the Criminal Law (Sentencing) Act 1988 and the Correctional Services Act 1982 such that: 
  • a court will have the ability to order that a period of imprisonment be served on home detention in place of a custodial sentence
  • a home detention order will be a valid sentencing option where a court has determined that a sentence of imprisonment must be imposed and there does not exist good reason to suspend that sentence, but the offender is considered to be a suitable candidate to serve the period of imprisonment on home detention  
  • the paramount consideration of a court in determining whether to make such an order must be the safety of the community   
  • a home detention order is intended to be a sentencing option for an offender who has been individually assessed as posing a low risk of causing harm to the community or of reoffending.  
These amendments draw on the experience of the home detention program already implemented and operated by the Department for Correctional Services.  
 
The Act will also amend the Correctional Services Act 1982 to expand the current home detention program and removes the requirement for prisoners to serve 50 percent of a non-parole period (or total sentence where no non-parole period is fixed) before being eligible for release on home detention, as well as removing the limitation that prisoners can only spend a maximum period of 12 months on home detention. All other eligibility criteria for release on home detention under the Correctional Services Act 1982 will remain - with life sentenced prisoners, sex offenders and terrorist offenders remaining ineligible. 
 
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Last updated: 
Monday, 19 December 2016
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