Home Detention (NSW)

Home Detention as a standalone sentencing option was abolished in NSW in 2018. Home Detention Conditions can be imposed as a part of an Intensive Corrections Order under the current sentencing legislation. 

What is a Home Detention Order:

Home detention was an alternative to full-time imprisonment. In effect the Gaol sentence is served at your address rather than in a Gaol. If you received a sentence of home detention you will be strictly supervised and subject to electronic monitoring.

Home detention orders were limited to a maximum period of 18 months. This included any time that the Court may order to be spent on parole.

Legislation:

How the Court Imposed a Home Detention Order:

Before an order is made, the Court must be satisfied that, having considered all possible alternatives, no penalty other than imprisonment is appropriate. The next stage was that the Court imposes a full time Gaol sentence and sets a parole period or gives reasons as to why no parole period is given. At this stage your lawyer should request that any Gaol sentence be served by a home detention order. If your lawyer could satisfy the Court that it should do so the Court will adjourn the matter so that you could be assessed as to whether you are suitable for a home detention order.

The now repealed section 78(1) of the Crimes (Sentencing Procedure) Act 1999 provided that a home detention order could not be made unless the Court is satisfied that:

• The offender is a suitable person to serve the sentence by way of home detention;
• Tt is appropriate in all of the circumstances that the sentence be served by way of home detention;
• The persons with whom it is likely the offender would reside, or continue or resume a relationship, during the period of the offender’s home detention have consented in writing, in the form prescribed by the regulations, to the making of the order; and
• The offender has signed an undertaking, in the form prescribed by the regulations, to comply with the offender’s obligations under the home detention order.

When was a Home Detention Order Not Available?

Home detention was not available for the following offences:

• Murder, attempted murder or manslaughter,
• Sexual assault of adults or children or sexual offences involving children,
• Armed robbery,
• Any offence involving the use of a firearm,
• Assault occasioning actual bodily harm (or any more serious assault, such as malicious wounding or assault with intent to do grievous bodily harm),
• An offence under section 562ab of the Crimes Act 1900 of stalking or intimidating a person with the intention of causing the person to fear personal injury, 
• A domestic violence offence against any person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made,
• An offence under ss 23(2), 24(2), 25(2), 26, 27 or 28 of the drug misuse and trafficking act 1985 involving a commercial quantity of a prohibited plant or prohibited drug within the meaning of that act,

Home Detention Orders could not be made for an offender who has at any time been convicted of any of the following offences:

• Murder, attempted murder or manslaughter,
• Sexual assault of adults or children or sexual offences involving children,
• Who has at any time been convicted of an offence under section 562ab of the crimes act 1900 of stalking or intimidating a person with the intention of causing the person to fear personal injury,
• Who has at any time within the last 5 years been convicted of a domestic violence offence against any person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made,
• Who has at any time been convicted of any offence prescribed by the regulations for the purposes of this paragraph, or
• Who is (or has at any time within the last 5 years been) subject to an apprehended violence order (within the meaning of part 15a of the Crimes Act 1900) made for the protection of a person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made

Consequences of Beaching a Home Detention Order:

If a home detention order was breached, the Parole Board would decide whether to revoke the order. If they do revoke the order it is likely that you will serve any remaining portion of the sentence in full time Gaol.