Home Detention Re-sentencing Report

This topic contains details of the HD re-sentencing report. It outlines the purpose, content and format of the report.

Report purpose

The report provides the court with the information required by law, to decide whether or not to re-sentence an offender to HD.

The legislation requires a probation officer to provide an updated pre- sentence report to the court for the purpose of the hearing. CPPS and courts have decided to refer to these reports as HD re-sentencing reports for the purpose of differentiation between the original pre-sentence report and this report.

The court must receive the HD re-sentencing report before it can rule on an application for re-sentence.

Report content

The HD re-sentencing report is made up of three parts:

• The first part of the report is used to update the court with any information relevant since the offender's last pre-sentence report. This includes details about:
  • current sentence
  • any post-sentence information
  • assessment of all enquiries, and
  • recommendation of application and proposed conditions

• The second part is the supporting appendix containing the following information:
  • offender's suitability for HD
  • proposed residence suitability
  • proposed occupants' suitability and support
  • other relevant information including information from PS, police and Child, Youth and Family (CYF), and
  • specific requirements if the offender is sentenced to HD.

• The third part is the original pre-sentence report provided for the original sentencing.

Report format

The format to be used for the HD re-sentencing report includes the following:

• the HD re-sentencing report template
• the supporting appendix, and
• all relevant attachments to be provided to the court, including:
  • a copy of the application
  • the offender agreement, and
  • the occupants' agreement.

The previous pre-sentence report is to be attached to the new report.

Once the report is completed

Once the report is completed, the probation offender should provide a copy to the offender via PS.