Sentencing Act 2017

Subject to this section, if the court that imposed an intensive correction order on a person is satisfied that a person subject to an intensive correction order has breached a condition of the order, the court must revoke the intensive correction order and order that the balance of the sentence the person was serving in the community be served in custody.

Despite subsection (1), if the court is satisfied that the failure of the person to comply with the conditions of the intensive correction order was trivial or there are proper grounds on which the failure should be excused, the court—

may refrain from revoking the order; and

may vary the order (including by extending the term of the order but not so that the order would exceed in aggregate a period of 2 years or imposing a condition of home detention); and

may impose a further condition on, or revoke or vary a condition of, the order.

If a court revokes an intensive correction order for a breach of a condition of the order and orders that the balance of the sentence be served in custody under subsection (1)—

the balance of the sentence is the balance remaining as at the day on which the breach was committed, but the court may reduce the sentence after taking into account both of the following:

any period spent by the person subject to the intensive correction order after the day on which the breach was committed pending determination of the proceedings for the breach;

any period spent by the person in custody pending determination of the proceedings for the breach of condition; and

the court may direct that the sentence be cumulative on any other sentence, or sentences, of imprisonment then being served, or to be served, by the person.

A reference in subsection (3) to the day on which the breach (of a condition) was committed will, in the case of proceedings relating to more than

If the court imposes a condition of home detention, the terms of the condition require the defendant to reside in a specified place and to remain at that place for a specified period (which may not exceed the balance of the term of the sentence), not leaving it except for 1 of the following purposes:

attendance at remunerated employment at such times and places as are approved from time to time by the community corrections officer to whom the person is assigned;

urgent medical or dental treatment for the defendant;

attendance at—

a place for the purpose of undergoing assessment or treatment (or both) relating to the defendant's mental or physical condition;

an intervention program; or

any other course of education, training or instruction, or other activity, as approved or directed by the community corrections officer to whom the person is assigned;

averting or minimising a serious risk of death or injury (whether to the defendant or some other person);

any other purpose approved or directed by the community corrections officer to whom the defendant is assigned.

The court may, if it thinks it is necessary to do so for the purpose of proceedings under this section—

issue a summons to a person subject to an intensive correction order requiring the person to appear before the court at the time and place specified in the summons; or

issue a warrant for the person's arrest.

A person who appears before the court as required by a summons issued under this section may be remanded in custody pending determination of the proceedings.

If a person fails to appear before the court as required by a summons issued under this section, the court may issue a warrant for the person's arrest.

If a person is arrested pursuant to a warrant issued under this section, the person must be brought before the court or the Magistrates Court not later than the next working day and may be remanded in custody pending determination of the proceedings.

A warrant issued under this section authorises the detention of the person in custody pending appearance before the court.

The obligations of a person subject to an intensive correction order are suspended during any period the person is in custody.

If a person subject to an intensive correction order is found guilty of an offence by a court of a superior jurisdiction to that of the court that made the order, being an offence committed during the period of the intensive correction order, any proceedings for breach of condition arising out of the offence are to be taken in the court of superior jurisdiction.

If a person subject to an intensive correction order is found guilty of an offence by a court of an inferior jurisdiction to that of the court that made the order, being an offence committed during the period of the intensive correction order, the court of inferior jurisdiction must—

sentence the person for the offence and remand the person to the court that made the intensive correction order to be dealt with for breach of condition of the order; or

remand the person to the court that made the intensive correction order to be sentenced for the offence and dealt with for breach of condition of the order.

The court dealing with a person for breach of condition of an intensive correction order must hear any evidence adduced tending to establish that the person has failed to comply with a condition of the order and any evidence or representations that the person may wish to adduce or make in reply.

In this section—

if the court that made the intensive correction order is the

if the court that made the intensive correction order is the

if the court that made the intensive correction order is the

if the court that made the intensive correction order is the