Periodic Detention
Defendants can be sentenced to serve Periodic Detention (i.e. weekend gaol) if the total sentence is less than 3 years.
What the court is now required to consider is determining:
- What the total sentence is, inclusive of the non-parole period and additional term; and
- If the sentence should be served by way of periodic detention.
Am I suitable for Periodic Detention?
To be assessed as suitable, a periodic detention order may not be made unless the court is satisfied:
(a) that the offender is of or above the age of 18 years, and
(b) that the offender is a suitable person to serve the sentence by way of periodic detention, and
(c) that it is appropriate in all of the circumstances that the sentence be served by way of periodic detention, and
(d) that there is accommodation available at a periodic detention centre for the offender to serve the sentence by way of periodic detention, and
(e) that transport arrangements are available for travel by the offender, to and from the periodic detention centre, for the purpose of serving the sentence by way of periodic detention, being arrangements that will not impose undue inconvenience, strain or hardship on the offender, and
(f) that the offender has signed an undertaking to comply with the offender’s obligations under the periodic detention order.
Generally, a full pre sentence report is ordered prior to considering periodic detention.
