Part 2Sentences, orders, and related matters
Home detention
80PSpecial post-detention conditions
A court may impose any of the special post-detention conditions described in subsection (2) 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.
The special post-detention conditions are the following—
- 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 relating to a programme:
- any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
For the purposes of subsection (2), programme has the same meaning as in section 54H.
No court may impose a special post-detention condition that the offender submit to electronic monitoring.
However, subsection (4) does not prevent the court from imposing a drug or alcohol condition, which would mean that the offender may be required, under section 80ZO(2)(b), to submit to continuous monitoring.
No offender may be made subject to a special post-detention 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.
Notes
- Section 80P: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
- Section 80P(2)(ba): inserted, on , by section 11(1) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
- Section 80P(4A): inserted, on , by section 11(2) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).


