HOME DETENTION ORDER Magistrates Court of South Australia www.courts.sa.gov.au Sentencing Act 2017 Section 71(1) Court of Origin Sitting at File No Registry Address Street Telephone Facsimile City/Town/Suburb State Postcode Email Address Defendant … Youth Justice supervises this community service but is not able to convert the fines for a young person. Supervision occurs in both community and custodial settings and means that the young person will have to meet with a Youth Justice officer or case manager for the period of the court order. Related Story: Home detention cuts reoffending risk, SA Government says South Australia's new home detention sentences should only be used in "exceptional circumstances" and needs refining, Commissioner for Victims' Rights Michael O'Connell says. A home d… that most children in detention were held in remote centres at Curtin, Port Hedland and Woomera. The length of remand varies and is determined by the court. In 2016, the South Australian Government proposed expanding the use of Home Detention (‘HD’) sentences. If a young person is subject to home detention they must remain at the residence specified on the court order, are subject to electronic monitoring and supervised by the Home Detention team. A key concern of government and community alike regarding HD sentences has to do with the eligibility of prisoners for the sanction and, more specifically, the likelihood that individuals serving HD sentences will pose a threat to public safety when they are serving their … Act 2017. The Act amends the Criminal Law (Sentencing) Act 1988 and the Correctional Services Act 1982such that: 1. a court will have the ability to order that a peri… A Home Detention agreement must be signed the offender and will include conditions such as: 1. drug use being banned – medically prescribed drugs are permitted 2. alcohol not being consumed 3. not entering licensed premises 4. gambling is not permitted and 5. possessing a firearm is banned – and they must agree to gunshot residue testing If the home detainee does not have employment or structured activities (such as an education course) then they may be required to do community service. If a young person does not follow the conditions on the order, in particular to be of good behaviour, they may have to serve the period of detention at the AYTC. The court may also add a condition that the young person be subject to home detention as part of the bail agreement. The Youth Court may order that a young person enter into a bail agreement. A court can impose a community service order (CSO) which requires a young person to perform up to 500 hours of supervised community work. In the past 17 months, over 286 people have been sentenced to home detention with only 28 offenders (approximately 10%) failing to fulfill their obligations under the legislation. Evaluation of Home Detention in South Australia: research report 1 (basel ine analysis) 15 The average length of the non - parole period attached to HD sentences was 542.8 (sd=483 .5) If a young person attends court and is not granted bail they will be remanded into custody at the Adelaide Youth Training Centre (AYTC). Section 72 of the Sentencing Act 2017 (SA) sets out many conditions of home detention orders, including: Failing to comply with, or breaking a condition of, a home detention order is an offence. A Home Detention sentence is ordered by the court and includes the condition of electronic monitoring. Facsimile City/Town/Suburb There will be conditions on the order for the period of time the young person is in the community. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Ms Linda Taylor, was convicted of goods and services tax (GST) fraud made in Business Activity Statements (BAS) lodged between April 2013 and September 2015. HOME DETENTION ORDER . SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. In deciding whether to grant a young person conditional release, the TCRB will consider many factors including behaviour while in custody, likelihood of re-offending, and the impact of release on any victims of the offending. A 'Supervision Agreement’ will be created with the young person and will identify how often they need to meet with their Youth Justice officer or case manager and any other activities to help them address offending behaviours. Telephone. In effect, the jail sentence is served at your own address rather than in a jail. What is the process for ordering home detention? Home Detention. (iia) is serving a sentence of imprisonment on home detention under a home detention order subject to the condition imposed by section 33BC(1)(d); or 5—Amendment of section 30—Commencement of sentences and non-parole periods Section 30(1)—after "sentence" second occurring insert: under Part 5 This would include where a person is a serious firearms offender and is being sentenced for a serious firearms offence [see ss 51(1)(c), s 25, and 70(1)(b)(ii)(D)]. [s 70(1)(b)(ii)]. A 50-year-old Adelaide woman was sentenced in the South Australia District Court on 30 May 2019, to two years and nine months to be served on home detention. When a court order includes a condition that says 'to be supervised by an officer of Youth Justice' it means that the court expects Youth Justice to support the young person to comply with the order and stop offending. The court also has to take into consideration the impact that the home detention order may have on: There are a number of instances where a home detention order should not be made, including: For definitions of serious sexual offence,prescribed serious sexual offence, serious and organised crime offence and designated offence, see Sentencing Act 2017 (SA) s 71(5); or see Suspended Sentences. Magistrates Court of South Australia. The court can order that the defendant serve a sentence on home detention if: it has imposed a sentence of imprisonment; and Youth Justice is involved only if the court requires a young person to be 'under the supervision of Youth Justice' as a condition of the bail agreement. If a young person has served at least two-thirds of their detention sentence, it may be possible for them to make an application to the Training Centre Review Board (TCRB) for conditional release. Australia and South Australia, Conditions of home detention orders  :  Last Revised: Fri May 24th 2019, Family Advocacy and Support Service (FASS), Family Violence and Cross-Examination of Parties Scheme, Women's Domestic Violence Court Assistance Service, Assignment of Legal Aid Cases to Practitioners, Legal Aid Guidelines for Commonwealth Matters, Contempt of Court and Disrespectful Conduct in Court, Sentencing Purposes, Principles and Factors, it has imposed a sentence of imprisonment; and. During their time at the AYTC residents are provided with the guidance, support and resources to support them to address their offending behaviours. If you have any queries about home detention please phone the Home Detention team on 1800 621 425. Commission 2021 - All Rights ReservedFunded with the support of the Governments of Maximum penalty: $10 000 or imprisonment for 2 years. The court can order that the defendant serve a sentence on home detention if: A home detention order cannot be made where a defendant is serving or liable to serve a sentence of indeterminate duration where a non-parole period has not been fixed [s 70(1)(b)(i)]. The changes provide greater flexibility in the use of home detention, presenting an alternative sentencing option for low-risk and non-violent offenders. from immigration detention centres to 'alternative places of detention', such as foster homes in the community. Offenders who are subject to home detention orders are strictly supervised by Community Corrections and are subject to electronic monitoring. Conditions include that the prisoner: The court may order an obligation which will require the young person to be of good behaviour for a period of time. A condition of supervision may be seen on the following orders: The court order (except for remand and detention) will have a condition that a young person report within two working days to Community Youth Justice (CYJ). if the making of such an order would, or may, affect public confidence in the administration of justice [s 71(2)(a)]; or. There are several metropolitan and regional sites where a young person can complete their CSO. The conditions of Home Detention are discussed with young people and their families and includes when absences from the residence are allowed. Home detention. The AYTC provides police custody accommodation if a young person has not been granted bail by the South Australia Police. Special reasons for the purposes of section 71(2)(b)(ii) can only be where: A home detention order must not be made unless the court is satisfied that the premises listed in the order is suitable and available for the detention, and that the defendant will be properly maintained and cared for while detained at that place [s 71(2)(c)]. The University of New South Wales. if the defendant is being sentenced as an adult: to a period of imprisonment with a non-parole period of 2 years or more for a, if the above does not apply, the court is satisfied that, the defendant’s advanced age or permanent infirmity means they are no longer an appreciable risk to the safety of the community; and, the interest of the community as a whole would be better served by the defendant serving the sentence on home detention rather than in, cumulatively on another term of imprisonment (other than a term of imprisonment to be served subject to a home detention order); or. Since 1 September 2016 courts in South Australia have been able to, in some circumstances, impose home detention orders [see Sentencing Act 2017 (SA) s 71]. The centres are managed by the Department of Youth Justice and detainees attend school and other programs and activities whilst in detention. Home detention orders in NSW can be tailored to relate more specifically to the offender’s circumstances, and the nature of the offence. Home detention is an alternative to full-time imprisonment where an offender is confined to an approved residence for specified periods of time for the duration of the sentence of imprisonment. A home detention order must also not be made if the defendant would serve the home detention: Resources have to be available for home detention to be ordered, and a home detention order should not be made if the court is not satisfied that adequate resources exist for the proper monitoring of the defendant while on home detention by a home detention officer [s 71(2)(e)]. Don't include any personal information.If you need a response, send an enquiry instead. Reporting to CYJ is the beginning of the supervision process for all court orders. Allowing offenders and prisoners to live in the community under strict supervision at a nominated location. In this section you'll find information on Prison locations, contacting or visiting a prisoner and transferring a money to a prisoner. By AAL More young offenders in South Australia will avoid custody after reforms were passed in parliament allowing courts to sentence young people to home detention. A young person may be sentenced to home detention or it could be a condition of bail or conditional release from a training centre. These reforms gave judges more discretion in allowing certain nonviolent, low-risk offenders to serve their sentences in home detention, and they were introduced for very sound reasons. A home detention order may only be made where the head sentence is 18 months or less. It is now 2018 and Home Detention Laws have been implemented in South Australia for some 17 months and I am pleased to tell you, it works. When a young person has been sentenced by a court to a period of detention they will be detained in the AYTC. This report presents the findings of an evaluation undertaken to assess the impact that legislative and program changes have had on the effectiveness and efficiency of home detention (HD) in South Australia (SA). Home Detention Home Detention supports the principle that detention in a training centre should be a last resort for children and young people. The young person and the youth justice worker will engage in a supervision agreement throughout the period of the suspended sentence obligation. Ms Linda Taylor, was convicted of goods and services tax (GST) fraud made in Business Activity Statements (BAS) lodged between April 2013 and September 2015. any other purpose approved or directed by the home detention officer; a condition requiring the person to be of good behaviour; a condition to be under the supervision of, and to obey the lawful directions of a home detention officer; a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm; a condition relating to the use of drugs other than for therapeutic purposes; a condition to submit to tests (including testing without notice) for either gunshot residue or relating to drug use; a condition that the person be monitored by the use of an electronic device; or, other conditions as the court may specify. Community Youth Justice’s CSO Program and partners will supervise this community work. it considers that the defendant is a suitable person for home detention. any person residing at the residence at which the prisoner would, if released, be required to reside; any relevant report/s ordered by the court; and. any spouse or domestic partner of the defendant; and. national; south australia; Mamiki Dukuly handed home detention sentence after fraudulently claiming more than $80,000 in dole payments. Being remanded means the young person is held in custody until the next court hearing date. were held in detention between July 1999 and July 2003. Similarly, a home detention order cannot be made where a defendant is being sentenced for specific offences including murder (or conspiracy to commit, or aiding, abetting and procuring the commission of murder), treason, or terrorism offences. any other matter the court thinks relevant. 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