Enforcement Guidelines for Further Offending

Introduction

This topic outlines guidelines for enforcement action for offenders on CD who are charged with or convicted of further offending that impacts on the offender continuing with CD at the curfew address.

Guidelines

The following table outlines the:

type of non-compliance
enforcement action options for the specified non-compliance, and
legislative reference or grounds for taking the enforcement action.

Note: All legislative references are to the Sentencing Act 2002.

Non-compliance type	Enforcement action options to be considered**	Legislative reference
Domestic violence or suspected domestic violence by the offender, at the curfew address	Alert service manager immediately, so that appropriate notifications can be made to the police and/or Child, Youth and Family (CYF). Any suspected or proven domestic violence must be addressed immediately, by deeming the curfew address as unsuitable. If the offender can provide another suitable curfew address, make an application for variation. If the offender cannot or will not provide another suitable curfew address, make an urgent application for the sentence to be cancelled and substituted. If still unable to identify a suitable curfew address, recommend imprisonment as the outcome.	Section 69I(1)(b)
Conviction for new offence punishable by imprisonment (other than breach of CD)	Issue a written warning if the offending is minor.	-
	Application for cancellation and substitution (seeking HD or imprisonment as a substitute) if the offending is serious or there is a pattern of offending.	Section 69I(2)
Absconding during curfew period, or not turning up at all for curfew period, without reasonable excuse.	Breach (seeking CW or further CD as a sentencing outcome).	Section 69G(a) - failure to comply with section 69E(1)(a)(i)
	Application for cancellation (seeking more restrictive CD, HD or imprisonment as a substitute).	Section 69I(1)(a)

**Note: CPPS staff must take account of enforcement and non-compliance principles when determining the appropriate enforcement action option to take.

Previous Next Show Contents

| | | | | | | | | | | | | | | |