Alternatives to Prison – Home Detention Orders

A Home Detention Order is an order that considered as the final alternative to full time imprisonment. This order confines the offender to an approved residence to serve their sentence as set in terms made by the Court. Offenders are monitored by being fitted with an electronic ankle monitor together with strict supervision.

The Home Detention Order, by consent of the court, does allow the offender to leave the residence in some circumstances such as in the course of their employment, medical appointments and community service or education commitments.

If the Court is considering making a Home Detention Order, the matter will be adjourned so that a Home Detention Assessment can be undertaken. Several factors are taken into account in making a determination following an assessment such as the premises the offender will reside in and whom they reside with. The report must approve the suitability of a Home Detention Order in order for the court to deal with the offender in that way.

After considering all possible alternatives, the court must be satisfied that no penalty other than imprisonment is appropriate. The Court must then use their discretion to set the terms to be made as a Home Detention Order.

A Home Detention Order can only be made if the sentence for imprisonment is less than eighteen (18) months. It is not obtainable for particular offences or for offenders with a certain criminal history, including but not limited to; murder, firearms offences, domestic violence, sexual assault or offences involving children.

An agreement to abide by the terms and conditions of the order must be signed by the offender. Should any of the terms be breached, then the remainder of the sentence period may be required to be served in custodial prison. The order expires at the end of the term of sentence or should the offender be released on parole, whichever comes first.

The team at Adams & Partners have been very successful in persuading courts to deal with our clients by way of Home Detention when the court is considering imposing a jail term. Call us now to see how we can be of assistance.

Mark is an experienced criminal and family law solicitor with Adams & Partners Lawyers, having recently joined us towards the end of 2016. He based out of Penrith and Parramatta.

About Mark Kyrakos

Mark is an experienced criminal and family law solicitor with Adams & Partners Lawyers, having recently joined us towards the end of 2016. He based out of Penrith and Parramatta.