80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention

(1)

An offender who is subject to a short-term sentence of imprisonment and who has leave to apply for cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80I may apply to the court at any time.

(2)

An application must be served as soon as practicable on the chief executive of the Department of Corrections.

(3)

An application must be accompanied by a pre-sentence report updated in accordance with section 80L.

(4)

On application under subsection (1), the court may, if satisfied of the matters in section 80A(2), cancel the sentence of imprisonment and substitute a sentence of home detention.

(5)

A sentence of home detention substituted under subsection (4) may be for any period the court thinks fit, but must not be less than 14 days or more than 12 months.

(6)

When substituting a sentence of home detention, the court must take into account the portion of the original sentence that remains unserved at the time of the order.

(7)

If the court does not substitute a sentence of home detention, the court—

(a)

must reconsider the issue of leave to apply for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; and

(b)

may make a further order granting the offender leave to apply to the court at any time for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.

(8)

A sentence of imprisonment that is cancelled under this section is a custodial sentence for the purposes of any other enactment.

Section 80K: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).