Absences when Community Detention is Combined Together with Supervision or Intensive Supervision

Introduction

This topic outlines information about absences that may be approved only for offenders who are subject to CD together with supervision or intensive supervision.

Legislative references: Section 69E(2)(c) and 69E(3) Sentencing Act 2002.

Absences outlined in this section can not be approved for offenders subject to CD or CW and CD.

Absences that may be approved

In addition to absences on humanitarian grounds, the supervising probation officer may approve absences for the reasons outlined in the following table, subject to the criteria noted.

Reason for absence	Criteria
employment or training	Offenders may be absent from the curfew address during the curfew period to undertake additional requirements for their approved employment or work-related training. Any regular absence requirements should be managed by an application to the Court to re-consider the curfew period.
rehabilitative or reintegrative activities or programmes	Attendance at activities or programmes that are specified on the offender’s supervision or intensive supervision order.
restorative justice conferences or undertakings	As required.

Ongoing absences

The probation officer should consider making an application to the court (rather than issuing routine absences) if an offender has ongoing requirements related to supervision or intensive supervision, such as:

attendance at a programme, or
employment commitments etc.

Any absences in these circumstances should only be approved for a short period, while an application is being laid before the Court. Applications should be before the Court within 5 working days.

Reference: This part, chapter 5 ‘Changes in Offender Circumstances’, for information about the steps to take when an offender’s circumstances change.

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