NTIn ForceAct
Sentencing Act 1995
48AHome detention condition
Start here
Get a plain-English read of 48A
Turn the raw legal text into a practical explanation grounded in Sentencing Act 1995.
48A Home detention condition
A court must not make an intensive community correction order in
relation to an offender subject to a home detention condition unless
the court is satisfied that:
(a) suitable arrangements are available for the offender to reside
at premises or a place; and
(b) the premises or place is suitable for the purposes of the order
subject to the condition; and
Sentencing Act 1995 32
(c) the making of the order subject to the condition is not likely to
inconvenience or put at risk other persons living in those
premises or at that place or the community generally.
Notes for section 48A(c)
1 This includes the protection of any person who is in a family relationship
or a domestic relationship with the offender.
2 See section 5(5) and (6) for the sentencing guidelines for sentencing an
48B Condition to participate in approved project
A court must not make an intensive community correction order in
relation to an offender subject to the condition mentioned in
section 48(1)(b) unless the court:
(a) has been notified by the Commissioner that arrangements
have been or will be made for the offender to participate in an
approved project under the order; and
(b) is satisfied that:
(i) the offender is a suitable person to participate in the
approved project; and
(ii) the project is approved and can be provided under the
arrangements referred to in paragraph (a) for the
offender to carry out.