Home Detention Orders (NSW)
Home Detention Orders (NSW)
Home detention orders were abolished in New South Wales in 2018. However, a home detention condition may be imposed when a person is sentenced to an intensive corrections order. An intensive corrections order is a community-based sentence where the offender lives at home under the supervision of Corrections. This page explains what home detention orders were, why they were abolished and how intensive corrections orders work.
What were home detention orders?
Home detention orders were a way for an offender who was sentenced to imprisonment to remain living in their home while they served their sentence. They were imposed when a person’s circumstances made it appropriate for them to serve some or all of their custodial sentence in their home.
Home detention meant that the offender was confined to an approved residence for the duration of their sentence. They were closely supervised and subject to electronic monitoring. They were generally not allowed to leave the house except for approved activities such as employment and education, grocery shopping and medical appointments.
Abolition of home detention orders
In 2018, the Crimes (Sentencing Procedures) Act 1999 was amended and several community-based sentencing options were abolished or altered. Suspended sentences, good behaviour bonds and home detention orders were all abolished at this time. Intensive corrections orders, community corrections orders and community release orders were introduced to replace them.
The government stated that these changes were necessary because of the high number of offenders being placed on community-based orders without supervision. This was thought to be an ineffective way of addressing offending behaviour. The new sentencing regimes were designed to allow community-based orders to be tailored to address a person’s situation and the causes of their offending.
Intensive corrections orders
Under section 7 of the Crimes (Sentencing Procedures) Act 1999, a court that has sentenced a person to imprisonment may make an intensive corrections order directing that the sentence be served in the community.
An intensive corrections order can only be made against an adult who has been sentenced to two years imprisonment or less for a single offence, or three years imprisonment or less for two or more offences.
Offences where intensive corrections order is not available
Section 67 of the Crimes (Sentencing Procedures) Act 1999 sets out the offences for which an intensive corrections order cannot be made. These include murder, manslaughter, offences involving the discharge of a firearm and prescribed sexual offences.
Conditions of an intensive corrections order
The standard conditions of an intensive corrections order are:
- Not to commit an offence
- To submit to supervision by Community Corrections
Other conditions that can be imposed as part of an intensive corrections order are:
- A home detention condition
- An electronic monitoring condition
- A curfew
- A community service work condition
- A rehabilitation and treatment condition
- A requirement to abstain from alcohol or drugs
- A condition prohibiting association with specified persons
- A condition prohibiting attending particular places
Assessment for home detention condition
If a court is considering imposing a home detention condition or a community service condition, it must have an assessment report completed by Corrections. The condition must only be made if the offender is found suitable for such a condition.
If you need advice about any legal matter please contact Go To Court Lawyers.
Related Content
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Good Behaviour Orders (ACT) A good behaviour order, also known as a good-behaviour bond, is a court order that requires a person to exhibit good behaviour for a specified period of time. The court may make specific conditions that the person must comply with during the term of the order. ....
Posted in:
Sentencing
Restitution Orders (Qld) In Queensland, when a court sentences an offender in relation to property offences, it may order them to pay restitution or compensation. This means that the offender must pay a specified amount of money to reimburse the victim for the value of the property that was lost ....
Posted in:
Sentencing
There are numerous New South Wales criminal offences that can lead to a sentence of imprisonment in Sydney. Imprisonment is a sentencing option of last resort and the majority of offences do not lead to jail. This article outlines the law surrounding imprisonment in Sydney and the rest of New ....
Posted in:
Sentencing
Suspended Sentence (WA) A suspended sentence of imprisonment is a sentence of imprisonment where the offender remains living in the community on the condition that they do not commit a further offence. If the offender breaches the suspended sentence, they are generally ordered to serve the term of imprisonment in ....
Posted in:
Sentencing
Community Based Sentencing in New South Wales
Community Based Sentencing in New South Wales In addition to imprisonment and fines, courts have the option of handing down community based sentences in New South Wales. This article explains what community based sentencing in NSW is, what specific types of community based sentencing there are, and when they become ....
Posted in:
Sentencing
Community Corrections Orders (NSW)
Community Corrections Orders (NSW) Community corrections orders (CCOs) are non-custodial sentences that require an offender to live in the community under supervision and subject to conditions. This page deals with community corrections orders in New South Wales. Legislation Under section 8 of the Crimes (Sentencing Procedure) Act 1999, a court ....
Posted in:
Sentencing
Sentencing Purposes: Denunciation and Deterrence
Sentencing Purposes: Denunciation and Deterrence When a court is deciding on a sentence, it must consider the principles set out under Section 5 of the Sentencing Act 1991. These matters are known as sentencing purposes. Two of these sentencing purposes are denunciation and deterrence. Denunciation The sentencing purpose of denunciation ....
Posted in:
Sentencing
Imprisonment (SA) Imprisonment is the most severe penalty that South Australian courts can impose. It is a sentence of last resort and must be imposed only when no less severe penalty is appropriate. Prisoners in South Australia may be on remand or serving a sentence. Sentences of imprisonment may be ....
Posted in:
Sentencing
Victim Impact Statements Tasmania
Victim Impact Statements Tasmania During sentencing in a criminal matter, victims of the offence have a chance to tender victim impact statements to the court. This statement is a victim’s opportunity to tell the court in their own words about the physical, emotional and financial effects of the crime. This ....
Posted in:
Sentencing
Community Work Orders (NT) A person found guilty of criminal offences in the NT can be sentenced to a number of different penalties. One of these is a Community Work Order (CWO), which requires them to complete a certain number of unpaid hours of community work to make amends for ....
Posted in:
Sentencing
Youth Diversion and the Children's Court (Vic)
Youth Diversion and the Children’s Court (Vic) While Victoria does not have a legislated youth diversion program, the Children’s Court and Victorian Police have implemented various therapeutic diversionary programs aimed at encouraging young people to reflect on and cease their offending. These initiatives have arisen in a climate where the ....
Posted in:
Sentencing
Sentencing and Firearms Offences (Vic)
Sentencing and Firearms Offences (Vic) In Victoria, firearms offences are governed by the Firearms Act 1996. These offences can attract a range of penalties from small fines to lengthy terms of imprisonment. This page deals with how courts approach sentencing for firearms offences. General information about firearms offences in Victoria ....
Posted in:
Sentencing