Section 80C — Sentencing Act 2002: Detention conditions applying to offender sentenced to home detention

80C Detention conditions applying to offender sentenced to home detention (1) An offender who is serving a sentence of home detention is subject to detention conditions comprising— (a) the standard conditions set out in subsection (2); and (b) any special conditions that may be imposed by the court under section 80D . (2) The standard conditions for a sentence of home detention are that— (a) the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer; and (b) the offender must not leave the home detention residence at any time except in the circumstances set out in subsections (3), (4), and (5); and (c) the offender must keep in his or her possession the order drawn up under section 80ZC and, if requested to do so by a member of the police or a probation officer, must produce the order for inspection; and (d) the offender must, when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions; and (e) the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage; and (f) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate; and (g) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer. (3) An offender may leave the home detention residence only— (a) to seek urgent medical or dental treatment; or (b) to avoid or minimise a serious risk of death or injury to the offender or any other person; or (c) with the approval of a probation officer— (i) to comply with any special condition; or (ii) to seek or engage in employment; or (iii) to attend training or other rehabilitative or reintegrative activities or programmes; or (iv) to attend a restorative justice conference or other process relating to the offender's offending; or (v) to carry out any undertaking arising from any restorative justice process; or (vi) for any other purpose specifically approved by the probation officer. (4) A probation officer may approve an alternative residence under section 80H pending determination of an application to vary the residence under section 80F . (5) In addition to absences authorised under subsection (3), a probation officer may authorise an offender, who has served at least three quarters of a sentence of home detention of 6 months or more, to be absent from the home detention residence for up to 4 hours a day without a specified purpose for any or all days remaining to be served under the sentence. (6) For the purposes of subsection (5), an offender who is subject to 2 or more sentences of home detention is eligible when he or she has served the longer of— (a) three quarters of the longest of any concurrent sentences of home detention imposed on the offender; or (b) three quarters of the notional single sentence of home detention that is created when sentences of home detention are ordered to be served concurrently or cumulatively. Section 80C: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).