Section 19DA — Crimes Act 1961: Community work, community detention, and home detention for non-payment of fine

19DA Community work, community detention, and home detention for non-payment of fine (1) In any case where, under section 19D of this Act, an order may be made for the imprisonment of any person in respect of the non-payment of any fine or other sum of money, the Judge may issue a summons to that person, or, whether or not a summons has been issued or served, may issue a warrant to arrest that person and bring him before the High Court. (2) On the appearance of that person before the Court, the Court may, in its discretion, after considering the report referred to in section 19D , and after taking into account any other fines and any amount of reparation owing by that person, sentence that person to community work, community detention, or home detention in accordance with the relevant provisions of Part 2 of the Sentencing Act 2002 . (3) A sentence of community work, community detention, or home detention may be imposed under this section, even though none of the offences in respect of which the fines were imposed was punishable by imprisonment. (4) If any person is sentenced to community work, community detention, or home detention under this section for the non-payment of the whole or any part of a fine or other sum of money, that fine or part of a fine or other sum of money is deemed to be remitted. (5) If the Court sentences any person to community work, community detention, or home detention under this section, that person has the same right of appeal to the Court of Appeal against the sentence as the person would have had if the sentence had been imposed by the High Court after his or her conviction in the High Court. (6) If the Court of Appeal quashes the sentence of community work, community detention, or home detention on appeal, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D . (7) If, on appeal from the Court of Appeal, the Supreme Court quashes the sentence of community work, community detention, or home detention, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D . Section 19DA was inserted, as from 1 October 1985, by section 5 Crimes Amendment Act (No 2) 1985 (1985 No 121). Section 19DA heading: amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). The heading was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting “ Community work ” for “ Community service or periodic detention ” . See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 19DA(2): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Section 19DA(3): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Section 19DA(4): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Section 19DA(5): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Section 19DA(6): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsections (2) to (6) were substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (7) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Section 19DA(7): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).