Curfew Period Variations

Introduction

This topic outlines the process for dealing with requests to vary or cancel curfews that CPPS cannot approve by using an authorised absence.

Legislative reference: Section 69I Sentencing Act 2002.

Who is responsible?

The following table outlines the CPPS staff member who is responsible for receiving requests from the offender to vary or cancel curfews.

If the offender is subject to...	then the...
community detention (CD), or CD and community work (CW), a fine and/or reparation	senior community work supervisor is responsible.
CD together with supervision or intensive supervision	supervising probation officer is responsible.

Senior community work supervisors are not expected to make decisions about proceeding with applications for variation of curfew period without input from a probation officer or senior probation officer. Senior community work supervisors should speak to their service manager to determine who they should liaise with.

Senior community work supervisors are also not expected to prepare such applications. The service manager will appoint a probation officer to prepare applications for cancellation or variation of curfew periods if the offender is supervised by a senior community work supervisor.

Service manager approval

Service manager approval is required before any application to vary or cancel a curfew period can be made.

Steps to take

If an offender makes a request to vary or cancel their curfew period and the request cannot be dealt with using an authorised absence (e.g. humanitarian grounds) and/or the change is required on an ongoing basis, then the staff member should consider making an application for variation in accordance with section 69I of the Sentencing Act 2002.

The following table outlines the steps to take to consider whether or not to make a variation to the curfew period.

Step

Action

Receive the request from the offender to vary or cancel their curfew period.

Determine:

the reasons for the application
the offender's compliance and progress to date, and
if applicable, the impact the application may have on any dual sentences (including discussing the application with any other CPPS staff member involved in the management of the offender).

Consider the answers to the following questions:

Will the rehabilitation and reintegration of the offender be advanced by granting the application?
Is granting the application in the best interests of the community and the offender?

If the answer to...	then...
both these questions is yes	go to step 4.
either of these questions is no	advise the offender that you have decided not to make an application on their behalf, and advise them that they can seek legal advice to prepare and file their own application.

Discuss the request and seek approval from the service manager to proceed with making an application for variation or cancellation on behalf of the offender.

If...

then...

the service manager gives approval

prepare and lodge the application for variation or cancellation.

Note: If a senior community work supervisor is supervising the offender, then the service manager will allocate a probation officer to prepare and lodge the application.

the service manager does not give approval

advise the offender that you have decided not to make an application on their behalf, and
advise them that they can seek legal advice to prepare and file their own application.

Record all information relating to the consideration of the offender's request, including decisions you make (and as applicable the service manager) and the reasons for these decisions, in IOMS casenotes.

Suspension of curfew period pending outcome of application

If an application is made to vary or suspend the curfew period, a probation officer may suspend the curfew period until the application has been considered.

Legislative reference: Section 69I(6) Sentencing Act 2002.

CPPS policy is to suspend curfew periods in this situation only if there are exceptional circumstances. Area manager approval is required.

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