Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 45

Circumstances in which home detention order may be made

    (1)     A court may make a home detention order only if:

        (a)     it receives a report from the Commissioner stating that:

            (i)     suitable arrangements are available for the offender to reside at the premises or place specified in the report; and

            (ii)     the premises or place specified in the report is suitable for the purposes of a home detention order; and

            (iii)     the making of the home detention order is not likely to inconvenience or put at risk other persons living in those premises or at that place or the community generally; and

        (b)     the offender consents to the making of the order.

    (1A)     For subsection (1)(a), a court must order the Commissioner to prepare and provide to the court a report about the matters referred to in subsection (1)(a)(i), (ii) and (iii).

    (2)     In preparing a report for the purposes of subsection (1)(a), the Commissioner may take into account the views of those members of the community who, in the opinion of the Commissioner, may be affected by the making of the home detention order.



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