Breaches of Home Detention Orders / Community Corrections orders

Home Detention is an onerous sentence that can result in you being inside you home for a maximum of 18 months. There are a number of other conditions that are put in place for the duration of these orders, and a number of things that must be complied with. Failure to comply with a condition of your Home Detention Order will result in breach action being taken, and you will go back to Court. If the breach is proved, there are a number of avenues that the Court can take. The most serious consequence of a breach is a cancellation of the Home Detention Order, which would mean the Court must re-sentence you. This could lead to the Magistrate or Judge sentencing you to a term of imprisonment.

If you breach your Home Detention Order, it is important that you seek legal advice and representation as quickly as possible. Your lawyer will be able to give you advice about what the likely outcome is, and be able to advise you about any defences you might have. Your lawyer will also appear in Court for you, and explain what happened to the Magistrate or Judge.

Community Corrections Orders are sentencing orders that are not as strict as a Home Detention Order, but still must be complied with. A Community Corrections Order used to be called a Probation Order. Some Magistrates will order regular reviews of your Community Corrections Order, requiring you to appear in Court after you are sentenced so they can check in and find out whether you are complying with lawful directions of Community Corrections. If you are not doing what Community Corrections direct you to do, then your order might be breached and you must go back to Court. In those circumstances, you should seek legal advice and representation so any breaches of the order can be considered and you can be given advice about what to do.

Sometimes, part of your Community Corrections Order will be an order that you must perform a certain number of hours of Community Service. Community Service Orders are supervised by the Department of Community Corrections. You should speak to your Community Corrections officer about any barriers to you participating in your community service, and see if you can be directed to perform community service that is achievable for you in your circumstances. If you do not complete your community service, the order may be breached and you will have to go back to Court. If that happens, you should seek legal advice.

In 2022, Pip represented a client, J, who hadn't completed her community service. The client was given more chances to complete the community service, but still didn't go. This was unusual, and Pip's experience told her that something wasn't right. It turned out that the client had significant undiagnosed mental illnesses that prevented her from leaving the house almost entirely. Pip was able to get a psychologist to visit the client in her home and write a report, which was then used in Court. The client had been told by the Magistrate that if she didn't do her community service then she would go to jail. Pip was able to provide evidence to the Court about why J wasn't able to complete her hours, and J did not go to jail. This was a great outcome, and a good example of why seeking expert legal advice and representation is essential.