Sentencing Act 2002

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15A Sentence of home detention

(1)

If a court is lawfully entitled under this or any other enactment to impose a sentence of home detention, it may impose a sentence of home detention only if—

(a)

the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by any less restrictive sentence or combination of sentences; and

(b)

the court would otherwise sentence the offender to a short-term sentence of imprisonment.

(2)

This section is subject to any provision in this or any other enactment that—

(a)

provides a presumption in favour of or against imposing a sentence of home detention in relation to a particular offence; or

(b)

requires a court to impose a sentence of imprisonment in relation to a particular offence.

Section 15A: inserted, on 1 October 2007, by section 10 of the Sentencing Amendment Act 2007 (2007 No 27).