Withdrawal of Consent by Occupants

Introduction

This topic outlines the processes to follow when a relevant occupant of the curfew address withdraws consent to have the offender remain at the curfew address during the curfew period.

Relevant occupants

A relevant occupant is a person who ordinarily lives at the curfew address who is over the age of 16 years, if the curfew address is a family residence.

In the case of all other types of residence (e.g. a flatting situation or boarding house), a relevant occupant is every person who the probation officer determines as being a relevant occupant for the purposes of understanding the conditions of curfew that will apply to the offender and consenting to having the offender stay at the address while subject to curfew.

Legislative reference: Section 26A(4) Sentencing Act 2002.

CPPS staff must be mindful of any issues related to relevant occupants, such as pressure to have the offender stay at the address while subject to curfew, and information from younger occupants who may be influenced by others in the residence.

Staff should immediately refer the matter to their service manager if they have any concerns about information received from relevant occupants or issues related to relevant occupants.

Relevant occupants must consent

A curfew address is only suitable for the purposes of CD if all of the relevant occupants of the address:

• understand the conditions of the curfew that will apply to the offender, and
• consent to the offender remaining at the address in accordance with the curfew.

Note: Any relevant occupant may at any time withdraw their consent to have the offender remain at the address in accordance with the curfew.

If consent is withdrawn

If any relevant occupant withdraws their consent, then they must advise the supervising probation officer or senior community work supervisor.

The following table outlines the steps that should be taken when a relevant occupant withdraws their consent.