Australian Capital Territory Repealed Acts

This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED) - SECT 11

    (1)     A court may make a home detention order for a person under section 6 (Imprisonment by way of home detention) or section 7 (Remand by way of home detention) only if satisfied that—

        (a)     the person is a suitable person to serve the relevant sentence, or part of the sentence, of imprisonment or remand by way of home detention; and

        (b)     it is appropriate in the circumstances that the sentence, part of the sentence or remand be served by way of home detention; and

        (c)     the people with whom it is likely the person would live in the same household (other than as a tenant or boarder) during the person's home detention have consented in writing to the making of the order; and

        (d)     the person has signed an undertaking to comply with the person's obligations under the order.

    (2)     In deciding whether or not to make a home detention order, the court must consider—

        (a)     the assessment report about the person; and

        (b)     any evidence given by a corrections officer about the person.

    (3)     A court may make a home detention order only if the assessment report about the person states that, in the opinion of the person making the assessment, the person is suitable to serve the relevant sentence, or part of the sentence, of imprisonment or remand by way of home detention.

    (4)     However, a home detention order must not be made if the court considers it likely that the person will commit a sexual offence or an offence involving violence while the order is in force, even if the person has no history of committing offences of that kind.

    (5)     A court may, for any reason it considers sufficient, decide not to make a home detention order despite the contents of the assessment report, and any evidence given by a corrections officer, about the person.

    (6)     For subsection (1) (c), the consent of a child, or a person with a mental disability—

        (a)     may be given on behalf of the child or the person with a mental disability in accordance with the regulations; or

        (b)     may be dispensed with in accordance with the regulations if the regulations allow the consent to be dispensed with.

    (7)     In subsection (6):

"person with a mental disability", in relation to a consent under subsection (1) (c), means a person (other than a child) who is not legally competent to give the consent, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991 .