Sentencing Act 2002

26A Additional requirements when considering sentence of community detention or home detention

• (1) If the court has directed a probation officer to provide a pre-sentence report under section 26, the probation officer must prepare the pre-sentence report in accordance with subsection (2) if—

  • (a) the court has indicated that it is considering a sentence of community detention or home detention; or

  • (b) the probation officer intends to recommend a sentence of community detention or home detention.

  (2) A pre-sentence report to which subsection (1) applies may include any of the matters outlined in section 26(2), and must include—

  • (a) information regarding the suitability of the proposed curfew address or home detention residence, including the safety and welfare of the occupants of the proposed curfew address or home detention residence; and

  • (b) in the case of a sentence of community detention, confirmation that the offender consents to the conditions of the sentence and the proposed curfew period; and

  • (c) in the case of a sentence of home detention, confirmation that the offender consents to the standard detention conditions and any special conditions recommended by the probation officer or that the court has indicated it is considering imposing.

  (3) Before completing a report that covers the matters in subsection (2), the probation officer must—

  • (a) ensure that every relevant occupant of the proposed curfew address or home detention residence, as the case may be, is aware of the nature of the offender's past and current offending; and

  • (b) tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and

  • (c) tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b); and

  • (d) obtain the consent of every relevant occupant to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and

  • (e) inform every relevant occupant that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address or in the home detention residence, as the case may be.

  (4) In subsection (3), relevant occupant means,—

  • (a) in relation to a residence that the probation officer is considering as a home detention residence,—

    • (i) if the residence is a family residence, every person of or over the age of 16 who ordinarily lives there; and

    • (ii) in the case of any other residence, every person whom the probation officer identifies as being a relevant occupant for the purposes of subsection (3); or

  • (b) in relation to an address that the probation officer is considering as a curfew address,—

    • (i) if the address is a residence, every person referred to in paragraph (a)(i) and (ii); and

    • (ii) in the case of any other place, the person or persons whom the probation officer identifies as being authorised to give consent for the purposes of subsection (3).

  Section 26A: inserted, on 1 October 2007, by section 14 of the Sentencing Amendment Act 2007 (2007 No 27).