69CGuidance on use of sentence of community detention

1. A court may impose a sentence of community detention if the court is satisfied—

2. that a sentence of community detention—
   1. would reduce the likelihood of further offending by restricting the offender's movements during specified periods, including, but not limited to, offending of a particular type or at a particular time; or
   2. would achieve 1 or more of the purposes set out in section 7(1)(a), (b), (e), or (f); and
3. that an electronically monitored curfew is appropriate, taking into account the nature and the seriousness of the offence and the circumstances and the background of the offender.

4. A court may sentence an offender to community detention if—

5. the court is satisfied that—
   1. the proposed curfew address is suitable; and
   2. the relevant occupants (as defined in section 26A(4)) of the proposed curfew address—
      1. understand the conditions of the curfew that will apply to the offender; and
      2. consent to the offender remaining at the address in accordance with the curfew; and
      3. have been informed that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address; and
   3. the offender has been made aware of and understands all the conditions that will apply during the sentence and he or she agrees to comply with them; and
6. the proposed curfew address is in an area in which a community detention scheme is operated by the chief executive of the Department of Corrections.

7. Before imposing a sentence of community detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.