Australian Capital Territory Repealed Acts

This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED) - SECT 6

    (1)     A court that has sentenced a person (the offender ) to imprisonment for not longer than 18 months for an offence may make a home detention order directing that the sentence, or part of the sentence, for the offence be served by way of home detention.

    (2)     A home detention order must not be made in relation to a sentence of imprisonment (a new sentence ) to be served concurrently or consecutively (or partly concurrently and partly consecutively) with any existing sentence of imprisonment if the date when the new sentence will end is more than 18 months after the date when the existing sentence was imposed.

    (3)     For this section, if a sentence of imprisonment is completely suspended, the sentence is to be disregarded.

    (4)     For this section, if a sentence of imprisonment is partly suspended, the period for which it is suspended is to be disregarded.

    (5)     This section is subject to part 2.2 (Procedures for making home detention orders), but does not affect part 3.2 (Nonparole periods).

    (6)     This Act applies in relation to a young offender who is committed to a State institution or another institution—

        (a)     as if—

              (i)     the committal were a sentence of imprisonment; and

              (ii)     a period during which the young offender were subject to a home detention order were a period for which the young offender were committed to an institution; and

        (b)     with all other necessary changes and any changes prescribed by regulation.

    (7)         In this section:

"sentenced", for a young offender, means dealt with under the Children and Young People Act 1999 , section 96 (Disposition of young offenders).