This topic outlines guidelines for enforcement action for offenders on CD if:
The following table outlines the:
Note: All legislative references are to the Sentencing Act 2002.
| Non-compliance type | Enforcement action options to be considered** | Legislative reference |
Note: Staff must always investigate the reason for refusing entry before commencing enforcement action. |
Verbal or written warning. |
- |
| Breach (seeking conviction and discharge, fine, CW or further CD as a sentencing outcome). | Section 69G(a) - failing to comply with section 69E(1)(a)(ii) | |
| Application for cancellation (seeking more restrictive CD, HD or imprisonment as a substitute). | Section 69I(1)(a) or (b) | |
| If the occupants refuse entry and an alternative suitable residence can be found, application to vary curfew address. | Section 69I(1)(b) | |
| Lay a complaint with the police requesting a charge of 'Refusing Entry to Community Detention Curfew Address' against the offender or occupant if they have been abusive or overly obstructive. | Section 69H(2) | |
| Tampering with monitoring equipment (with intent). | Written warning (where damage to equipment has not occurred) |
- |
| Breach with request for reparation (seeking conviction & discharge, fine, CW or further CD, and reparation as sentencing outcomes) | Section 69G(a) - failing to comply with section 69E(1)(a)(ii) | |
| Application to cancel (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.
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