Section 80A — Sentencing Act 2002: Sentence of home detention

80A Sentence of home detention (1) A court may sentence an offender to a sentence of home detention if— (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction. (2) A court may sentence an offender to home detention under subsection (1) if— (a) the court is satisfied that— (i) the proposed home detention residence is suitable; and (ii) the relevant occupants (as defined in section 26A(4) ) of the proposed home detention residence— (A) understand the conditions of home detention that will apply to the offender; and (B) consent to the offender serving the sentence in the residence in accordance with those conditions; and (C) have been informed that they may withdraw their consent to the offender serving the sentence in the residence at any time; and (iii) the offender has been made aware of and understands the conditions that will apply during home detention, and he or she agrees to comply with them; and (b) the proposed home detention residence is in an area in which a home detention scheme is operated by the chief executive of the Department of Corrections. (3) A sentence of home detention may be for such period as the court thinks fit, but must not be for less than 14 days or more than 12 months. (4) The court must specify the home detention residence when sentencing the offender to a sentence of home detention. (5) An offender sentenced to home detention is not in custody while serving the sentence. (6) This section is subject to section 80B . Section 80A: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).