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SENTENCING ACT 1991 - SECT 48LA

Electronic monitoring of offender

    (1)     A court, other than the Magistrates' Court, which attaches a monitored condition to a community correction order may attach to that condition a requirement that the offender is to be electronically monitored.

    (2)     The purpose of attaching an electronic monitoring requirement is to monitor the compliance of the offender with the monitored condition.

    (3)     When deciding whether to attach an electronic monitoring requirement, the court must have regard to the recommendations, information and matters identified in the pre-sentence report in relation to the electronic monitoring of the offender.

    (4)     A court may only attach an electronic monitoring requirement to a monitored condition if—

        (a)     the pre-sentence report in respect of the offender includes a positive statement that—

              (i)     having had regard to the circumstances of the offender's residence, the offender is a suitable person to be electronically monitored; and

              (ii)     appropriate resources or facilities are available to enable the offender to be electronically monitored; and

        (b)     the court is satisfied that—

              (i)     the offender is a suitable person to be electronically monitored; and

              (ii)     it is appropriate in all of the circumstances that the offender be electronically monitored; and

              (iii)     appropriate resources or facilities are available to enable the offender to be electronically monitored.

    (5)     A court, in attaching an electronic monitoring requirement to a monitored condition, must specify the period that the offender is to be electronically monitored that is the same or a lesser period than the period that has been specified in respect of the monitored condition.

Example

An example of a specification that may be made under subsection (5) is that the offender is to be electronically monitored for 4 months in respect of a place and area exclusion condition that the court specified applies to the order for a period of 6 months.

    (6)     If a court does not specify a period under subsection (5) the period of an electronic monitoring requirement is taken to be the same as the period specified in respect of the monitored condition.

    (7)     If the Secretary gives a direction under section 83AV and the offender is subject to an electronic monitoring requirement that is attached to a curfew condition, the offender must be monitored for the increased period in addition to any period specified under subsection (5) or period that applies under subsection (6), that does not exceed the requirements under section 48I(3).

    (8)     If an electronic monitoring requirement is attached to a monitored condition the following terms are attached to the community correction order

        (a)     the offender must comply with any direction given by the Secretary, that is necessary for the Secretary to give, to ensure that the offender is electronically monitored in accordance with the requirement; and

        (b)     the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Secretary for the specified period of the requirement; and

S. 48LA(8)(c) amended by No. 52/2015 s. 46.

        (c)     the offender must not, without reasonable excuse, tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; and

        (d)     the offender must accept any visit by the Secretary to the place where the offender resides, at any time that it is reasonably necessary, for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring; and

        (e)     the offender must comply with any direction given by the Secretary under section 83AV(3) in respect of the electronic monitoring requirement of a curfew condition.

Note

It is an offence under section 83AD for an offender to contravene a community correction order.

S. 48LB inserted by No. 32/2013 s. 25.



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