South Australian Current Acts South Australian Current Acts73—Orders that court may make on breach of condition of
home detention order etc
(1) Subject to this
section, if the court that imposed a home detention order on a person is
satisfied that—
(a) a
person subject to a home detention order has breached a condition of the
order; or
(b) the
residence specified by the court at which the person is required to remain
throughout the period of the home detention order is no longer suitable for
the person and no other suitable residence is available for the person's
detention,
the court must revoke the home detention order and order that the balance of
the sentence the person was serving on home detention be served in custody.
(2) Despite
subsection (1)(a), if the court is satisfied that the failure of the
person to comply with the conditions of the home detention order was trivial
or there are proper grounds on which the failure should be excused, the
court—
(a) may
refrain from revoking the order; and
(b) may
impose a further condition on, or revoke or vary a condition of, the order.
(3) A person subject
to a home detention order is not in breach of a condition requiring the person
to remain at the person's residence if the person leaves the residence for the
purpose of averting or minimising a serious risk of death or injury (either to
the person or some other person).
(4) If a court revokes
a home detention order and orders that the balance of the sentence be served
in custody in the circumstances referred to in subsection (1)(b), the
court—
(a) must
take the following periods into account:
(i)
the period of compliance by the person with the
conditions of the home detention order;
(ii)
the period spent by the person on home detention or in
custody pending determination of the proceedings under this section; and
(c) may
direct that the sentence be cumulative on any other sentence, or sentences, of
imprisonment then being served, or to be served, by the person.
(4a) If a court
revokes a home detention order for breach of a condition of the order and
orders that the balance of the sentence be served in custody—
(a) the
balance of the sentence is the balance remaining as at the day on which the
breach was committed, but the court may reduce the sentence after taking into
account both of the following:
(i)
any period spent by the person on home detention after
the day on which the breach was committed pending determination of the
proceedings for the breach;
(ii)
any period spent by the person in custody pending
determination of the proceedings for the breach of condition; and
(b) the
court may direct that the sentence be cumulative on any other sentence, or
sentences, of imprisonment then being served, or to be served, by the person.
(4b) In relation to
the breach of a condition of a home detention order, a reference in
subsection (4a) to the day on which the breach was committed will, in the
case of proceedings relating to more than 1 breach, be taken to be a
reference to the day on which the first breach was committed.
(5) The court may, if
it thinks it is necessary to do so for the purpose of proceedings under this
section—
(a)
issue a summons to a person subject to a home detention order requiring the
person to appear before the court at the time and place specified in the
summons; or
(b)
issue a warrant for the person's arrest.
(6) A person who
appears before the court as required by a summons issued under this section
may be remanded in custody pending determination of the proceedings.
(7) If a person fails
to appear before the court as required by a summons issued under this section,
the court may issue a warrant for the person's arrest.
(8) If a person is
arrested pursuant to a warrant issued under this section, the person must be
brought before the court or the Magistrates Court not later than the next
working day and may be remanded in custody pending determination of the
proceedings.
(9) A warrant issued
under this section authorises the detention of the person in custody pending
appearance before the court.
(10) The obligations
of a person subject to a home detention order are suspended during any period
the person is in custody.
(11) If a person
subject to a home detention order is found guilty of an offence by a
court of a superior jurisdiction to that of the court that made the order,
being an offence committed during the period of the home detention order, any
proceedings for breach of condition arising out of the offence are to be taken
in the court of superior jurisdiction.
(12) If a person
subject to a home detention order is found guilty of an offence by a
court of an inferior jurisdiction to that of the court that made the order,
being an offence committed during the period of the home detention order, the
court of inferior jurisdiction must—
(a)
sentence the person for the offence and remand the person to the court that
made the home detention order to be dealt with for breach of condition of the
order; or
(b)
remand the person to the court that made the home detention order to be
sentenced for the offence and dealt with for breach of condition of the order.
(13) The court dealing
with a person for breach of condition of a home detention order must hear any
evidence adduced tending to establish that the person has failed to comply
with a condition of the order and any evidence or representations that the
person may wish to adduce or make in reply.
(14) In this
section—
"court of an inferior jurisdiction" means—
(a) if
the court that made the home detention order is the Supreme Court—the
District Court or the Magistrates Court;
(b) if
the court that made the home detention order is the District Court—the
Magistrates Court;
"court of a superior jurisdiction" means—
(a) if
the court that made the home detention order is the Magistrates
Court—the Supreme Court or the District Court;
(b) if
the court that made the home detention order is the District Court—the
Supreme Court.