Div 2AHome detention

Division 2A—Home detention 37A—Conditions of home detention (1) A sentence of home detention imposed on a youth by a court is subject to the following conditions: (a) the youth must remain at a residence specified by the court throughout the period of home detention and must not leave that residence at any time except for the following purposes: (i) remunerated employment; or (ii) urgent medical or dental treatment for the youth; or (iii) attendance at a course of education, training or instruction or any other activity as required by the court or as approved or directed by the home detention officer to whom the youth is assigned; or (iv) any other purpose approved or directed by the home detention officer; (b) the youth must be of good behaviour throughout the period; (c) the youth must obey the lawful directions of the home detention officer throughout the period; (d) such other conditions as the Court may specify. (2) The Court may vary or revoke a condition imposed under subsection (1)(d). (3) In this section— residence includes, if the youth is an Aboriginal person, any place specified by the Court as the person's residence. 37B—Home detention officers (1) On receiving a copy of an order for home detention, the Chief Executive must assign the youth to a home detention officer and may from time to time re-assign the youth to another home detention officer. (2) A home detention officer to whom a youth is assigned— (a) may give reasonable written directions to the youth— (i) requiring the youth to take up, or not to give up, some particular course of education, training or instruction; or (ii) requiring the youth to take up, or not to give up, some particular employment; or (iii) requiring the youth to attend some particular counselling course; and (b) may give the youth other written directions of a kind authorised by the Minister either generally or in relation to the particular youth. (3) Any home detention officer may at any time— (a) enter or telephone the residence of a youth serving a sentence of home detention; or (b) telephone the youth's place of employment or any other place at which the youth is required or permitted to attend; or (c) question any person at that residence or place, for the purposes of ascertaining whether or not the youth is complying with the conditions to which his or her home detention is subject. (4) A person must not— (a) hinder a home detention officer in the exercise of powers under this section; or (b) fail to answer truthfully a question put to the person by a home detention officer pursuant to those powers. Maximum penalty: $2 500. 37C—Variation or revocation of home detention order (1) The Court may vary an order for home detention if satisfied that the residence specified in the order is no longer suitable for detention of the youth and that there is some other suitable residence available for his or her detention. (2) If the Court is satisfied that— (a) a youth serving a sentence of home detention has breached a condition to which the home detention was subject; or (b) the residence specified in the order is no longer suitable for the youth and no other suitable residence is available for his or her detention, the Court may revoke the order for home detention. (3) A youth is not in breach of the condition requiring the youth to remain at his or her residence if he or she leaves the residence for the purpose of averting or minimising a serious threat of risk or injury (to the youth or some other person). (4) If the Court revokes an order for home detention it may impose some other sentence on the youth and, in doing so, must take into account the period served by the youth under the order. (5) If an order for home detention is revoked on the ground of breach of condition, the Court may sentence the youth to detention for a term not exceeding the balance of the period of home detention unexpired as at the date on which the breach occurred, but a sentence of detention may not be imposed in the case of revocation on any other ground. (6) The Court may, if it thinks it is necessary to do so, issue a warrant for the apprehension and detention of a youth pending determination of proceedings under this section. 37D—General provisions (1) A youth is, on breaching the condition requiring the youth to remain at his or her residence, unlawfully at large. (2) The Crown is not liable to maintain a youth who is serving a sentence of home detention. Division 3—Release from detention