Crimes (Sentencing) Act 2005

For section 46C (6), the matters for assessing the offender’s suitability to serve a sentence by intensive correction order are the matters mentioned in table 46D, column 2.

Table 46D Assessment of suitability—intensive correction order column 1 item column 2 matter column 3 indication of unsuitability

1 degree of dependence on alcohol or a controlled drug major problem with alcohol or a controlled drug

2 psychiatric or psychological condition major psychiatric or psychological disorder

3 medical condition potential unfitness to comply with an intensive correction order

4 criminal record and response to previous court orders serious criminal record or substantial noncompliance with previous court orders

5 employment and personal circumstances potential impracticability of compliance with intensive correction order

6 participation and degree of compliance with intensive correction assessment substantial noncompliance with assessment

7 living circumstances of the offender member of the offender’s household does not consent to living with the offender while the offender is serving intensive correction someone with parental responsibility or guardianship for a person who is a member of the offender’s household does not consent to the person living with the offender while the offender is serving intensive correction residence outside the ACT may make administration of an intensive correction order, or the offender’s compliance with an intensive correction order, impracticable