42ACHome detention orders

### 42AC Home detention orders > [*\[Section 42AC Inserted by No. 51 of 2017, s. 14, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS14@EN) > > > (1)  A court may make a home detention order in relation to an offender if the court – > > > > > > (a) convicts the offender of an offence or offences; and > > > > > > > (b) considers that, were it not to make a home detention order, it would have sentenced the offender to a term of imprisonment in relation to the offence or offences, whether or not it would have, or could have, but for the operation of [section 23A](#GS23A@EN) , suspended all or part of the sentence. > > > (2)  A court may only make a home detention order in relation to an offender if – > > > > > > (a) it is of the opinion that, in all the circumstances, it is appropriate to make the order; and > > > > > > > (b) it has considered a pre-sentence report as to whether the offender is suitable for a home detention order; and > > > > > > > (c) the offender consents to the order being made; and > > > > > > > (d) the offender is to reside, during the operational period of the order, at premises in relation to which the court is satisfied it is suitable for a home detention order to be made; and > > > > > > > (e) each person who has attained the age of 18 years and who resides at the premises (other than group premises) at which the offender is to reside during the operational period of the order has consented to a home detention order being made in relation to the offender; and > > > > > > > (f) the relevant circumstances do not exist in relation to the offender. > > > (3)  For the purposes of [subsection (2)(f)](#GS42AC@Gs2@Hpf@EN) , the relevant circumstances exist in relation to an offender if – > > > > > > (a) any one of the offences in relation to which the offender is being sentenced by the court is a family violence offence, a violent offence or a sexual offence and the premises at which the offender would reside during the intended operational period of the order are premises at which a victim of the offence is to, or is likely to, reside during all or part of that period; or > > > > > > > (b) the court is of the opinion that there is a significant risk that the offender may commit a violent offence, or a sexual offence, during the intended operational period of the order. > > > (4)  A court may make – > > > > > > (a) more than one home detention order in relation to an offender, except in relation to the same offence; and > > > > > > > (b) a home detention order in relation to an offender who is already subject to a home detention order; and > > > > > > > (c) a home detention order in relation to an offender who is, or is to be, subject to a community correction order; and > > > > > > > (d) a home detention order in relation to an offender who is subject to a community service order or a probation order. > > > (5)  A home detention order in relation to an offender must specify the premises (the ***home detention premises***) that are to be the premises at which the offender must, in accordance with [section 42AD(1)(b)](#GS42AD@Gs1@Hpb@EN) , reside during the operational period of the order.