Section 69C — Sentencing Act 2002: Guidance on use of sentence of community detention

69C Guidance on use of sentence of community detention (1) A court may impose a sentence of community detention if the court is satisfied— (a) that a sentence of community detention— (i) 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 (ii) would achieve 1 or more of the purposes set out in section 7(1)(a), (b), (e), or (f) ; and (b) 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. (2) A court may sentence an offender to community detention if— (a) the court is satisfied that— (i) the proposed curfew address is suitable; and (ii) the relevant occupants (as defined in section 26A(4) ) of the proposed curfew address— (A) understand the conditions of the curfew that will apply to the offender; and (B) consent to the offender remaining at the address in accordance with the curfew; and (C) have been informed that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address; and (iii) 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 (b) 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. Section 69C: inserted, on 1 October 2007, by section 33 of the Sentencing Amendment Act 2007 (2007 No 27).