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Sydney: (02) 9261 4555
As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an intensive corrections order.
Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring.
Home detention orders are limited to a maximum period of 18 months. This includes any time that the court may order be spent on parole.
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 is 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 can satisfy the court that it should do so the court will adjourn the matter so that you can be assessed as to whether you are suitable for a home detention order.
Section 78(1) of the Crimes (Sentencing Procedure) Act 1999 provides that a home detention order cannot be made unless the court is satisfied that:
Home detention is not available for the following offences:
Order may not be made for an offender who has at any time been convicted of any of the following offences:
In a recent study it was reported that 79% (261 of 330) of offenders subject to a home detention order successfully completed the sentence without breach.
If you do breach a home detention order the Parole Board will decide whether to revoke the order. If they do revoke the order it is likely that you will serve any un-served portion of the sentence in full time gaol.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.