Introduction
This topic outlines the criteria to determine non-compliance with community detention (CD).
Criteria
The offender is considered to have not complied with their CD if any of the following criteria apply:
Reporting
- The offender fails to present themselves for initial reporting within 24 hours of the sentence being imposed.
- The offender fails to report as and when required to do so, and has no reasonable excuse for not reporting.
Change of address
- The offender changes their residential address and fails to notify the probation officer, and has no reasonable excuse for not notifying the probation officer.
Note: Their residential address may not be their curfew address.
Non-cooperation
- The offender will not cooperate with any lawful direction given by the probation officer during the curfew period.
- The offender refuses to let either the probation officer or authorised person in to the curfew address.
- The offender will not submit to the electronic monitoring of compliance with his/her conditions when required by the probation officer to do so.
Leaves curfew address
- The offender leaves the curfew address during the curfew period without the authorisation of the probation officer unless it is to:
- seek urgent medical or dental treatment; or
- avoid or minimise a serious risk of death or injury to the offender or any other person.
- The offender is not at the curfew address at the commencement of each curfew period.
Failure to produce direction
- The offender is unable to produce their CD Direction Notice for Approved Absences (CD7) and court order or release license if requested to do so by a member of the police or a probation officer.
Legislative references: Sections 69E, 69G and 69H Sentencing Act 2002.
