Community Detention (CD) is a community-based sentence that requires the offender to comply with an electronically-monitored curfew imposed by the court. Offenders can be sentenced to CD for up to six months. Curfews can total up to 84 hours per week. The minimum curfew period is two hours.

Who decides?

Only a sentencing judge can impose CD. They may take into account a pre-sentence report and recommendation from a probation officer who has assessed which sentence is likely to be most suitable. The judge must be satisfied that the offender and the proposed curfew address are suitable for CD before imposing CD. CD cannot be imposed without the consent of the offender.

How does it work?

After being sentenced to CD, the offender must report to a probation officer who will explain the requirements and conditions of the sentence, and will arrange for the installation of the electronic monitoring equipment.  The offender must be at their curfew address during the curfew periods imposed by the court.

Monitoring offenders

Offenders on CD are required to wear an electronic anklet during their sentence. This will monitor their whereabouts during their curfew periods and any tampering or interference with the monitoring equipment.  If the offender tries to remove the anklet or leaves the curfew address during a curfew, an alarm is triggered and this is reported to community probation. Offenders may apply to be away from the curfew address on humanitarian grounds (e.g. they require an operation at a hospital). Offenders who are also subject to a sentence of supervision or intensive supervision can apply for approved absences to attend activities such as employment, rehabilitation and study. These absences are monitored.

Corrections' role

Corrections staff, including probation officers and senior community work supervisors, will:

• monitor the offender’s compliance with their curfews
• arrange for the installation, maintenance, and removal of electronic monitoring equipment
• consider, and may approve, requests for absences.

Enforcing CD

If the conditions of CD are not met an offender can be fined up to $1500 or sent to prison for a maximum of six months. An offender on CD can receive formal warnings depending on the nature of non-compliance. Other community-based sentences could also be imposed.

What else happens?

In addition to CD, the court may also sentence the offender to:

• pay a fine
• pay reparation to the victims
• do unpaid work through community work
• undertake a sentence of supervision or intensive supervision.

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