86BOther transitional matters in respect of home detention orders

86B Other transitional matters in respect of home detention orders

86B Other transitional matters in respect of home detention orders

(1) Application to home detention orders This clause applies in respect of a home detention order made under section 6 before its repeal by the amending Act.

(2) Previous breaches Subclause (3) applies if a breach of a home detention order occurred or is suspected to have occurred before the repeal of section 6 by the amending Act and action under the sentencing legislation as in force before the commencement day had not been commenced or completed in respect of the breach.

(3) Action in respect of the breach may, on or after that day, be commenced or continued under the sentencing legislation in relation to the intensive correction order to which the home detention order was converted by the operation of this Schedule in the same way as action may be taken in respect of a breach of an offender’s obligations under an intensive correction order made by a court on or after that day.

(4) Previous assessment for home detention If the Parole Authority referred an offender for assessment under section 165A (4) of the Crimes (Administration of Sentences) Act 1999, before the commencement day, in relation to the making of an order for home detention following the revocation of an intensive correction order and the Parole Authority had not completed its functions under that section before that day in relation to the matter—

(a) the assessment may be carried out on or after that day if it has not already been carried out, and

(b) the assessment (whether received by the Parole Authority before that day or on or after that day) is taken to be an assessment as to the suitability of the offender for an intensive correction order with a home detention condition on or after that day, and

(c) the Parole Authority may, if satisfied that it is appropriate to do so, make an intensive correction order.

Note.

See also subclause (12) as to the power of the Parole Authority to make intensive correction orders under this clause.

(5) Pending inquiries into home detention breaches If an inquiry by the Parole Authority under section 166 of the Crimes (Administration of Sentences) Act 1999 (relating to a suspected breach of an offender’s obligations under a home detention order) was pending immediately before the commencement day—