Part 2Sentences, orders, and related matters
Community-based sentences: Intensive supervision
54IOther special conditions
A court may impose any of the special conditions described in subsection (3) if the court is satisfied that—
- there is a significant risk of further offending by the offender; and
- standard conditions alone would not adequately reduce that risk; and
- the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
A court may only impose a condition of the kind described in subsection (3)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence.
The conditions referred to in subsections (1) and (2) comprise—
- any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:
- conditions requiring the offender to take prescription medication:
- conditions prohibiting the offender from doing 1 or more of the following:
- using (as defined in section 4(1)) a controlled drug:
- using a psychoactive substance:
- consuming alcohol:
- using (as defined in section 4(1)) a controlled drug:
- conditions requiring the offender to undertake training in basic work and living skills:
- a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge:
- any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender:
- a condition that the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with any conditions of his or her sentence imposed under paragraph (e) that prohibit the offender from entering or remaining in specified places or areas at specified times or at all times.
No court may impose a condition under this section that—
- the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or
- the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work
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No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—
- has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and
- consents to taking the prescription medication.
An offender does not breach his or her conditions for the purposes of section 70A if he or she withdraws consent to taking prescription medication, but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of intensive supervision under section 54K.
Notes
- Section 54I: inserted, on , by section 24 of the Sentencing Amendment Act 2007 (2007 No 27).
- Section 54I(3)(ba): inserted, on , by section 7(1) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
- Section 54I(3)(f): inserted, on , by section 6(1) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).
- Section 54I(4)(b): amended, on , by section 6(2) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).
- Section 54I(4)(c): repealed, on , by section 6(3) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).


