South Australian Current Acts

SENTENCING ACT 2017 - SECT 115

115—Community service orders may be enforced by imprisonment

        (1)         Subject to this section, an order requiring community service is enforceable by imprisonment in default of compliance.

        (2)         The term of imprisonment to be served in default of compliance will be—

            (a)         a term calculated on the basis of 1 day for each 7.5 hours of community service remaining to be performed under the order; or

            (b)         6 months,

whichever is the lesser.

        (3)         If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring performance of community service, the court may—

            (a)         issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why a warrant of commitment should not be issued against the person for the default; or

            (b)         issue a warrant for the person's arrest.

        (4)         If a person fails to appear before the court as required by a notice issued under subsection (3), the court may issue a warrant for the person's arrest.

        (5)         If the court is satisfied that the person has failed to comply with the order requiring performance of community service—

            (a)         the court may issue a warrant of commitment for the appropriate term of imprisonment fixed in accordance with subsection (2); but

            (b)         if the person is a youth, the court may, instead of taking action under paragraph (a), make an order for home detention for a period fixed on the same basis.

        (6)         The court may, on issuing a warrant under subsection (5), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person.

        (7)         Despite subsection (5), if the court is satisfied that the failure of a person to comply with an order requiring performance of community service was trivial or that there are proper grounds on which the failure should be excused, the court—

            (a)         may refrain from issuing a warrant of commitment; and

            (b)         may—

                  (i)         extend the term of the order by such period, not exceeding 6 months, as the court thinks necessary for the purpose of enabling the person to perform the remaining hours of community service (if any);

                  (ii)         if the order has expired, impose a further order, for a term not exceeding 6 months, requiring the person to perform the number of hours of community service unperformed under the previous order;

                  (iii)         cancel the whole or a number of the unperformed hours of community service under the order.

        (8)         However, if the court is satisfied that the person who has failed to comply with the order requiring performance of community service has the means to pay a fine without the person or the person's dependants suffering hardship, the court may—

            (a)         revoke the community service order; and

            (b)         impose a fine not exceeding the maximum fine that may be imposed for the offence in respect of which the community service order was made (or, if the order was made in respect of more than 1 offence—the total of the maximum fines that may be imposed for the offences).

        (9)         In imposing a fine under subsection (8), the court must take into account the number of hours of community service (if any) that the person performed under the revoked order.