South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 50AA

50AA—Powers of community corrections officer in the case of home detention

        (1)         A community corrections officer may, at any time—

            (a)         enter or telephone the residence of a probationer who is subject to a bond with a home detention condition; or

            (b)         telephone the probationer's place of employment or any other place at which the probationer is permitted or required to attend; or

            (c)         question any person who is at that residence or place as to the whereabouts of the probationer,

for the purposes of ascertaining whether or not the probationer is complying with the home detention condition.

        (2)         A person must not—

            (a)         hinder a community corrections officer in the exercise of powers under this section; or

            (b)         fail to answer truthfully any question put to the person by a community corrections officer pursuant to those powers.

Maximum penalty: $2 500.

        (3)         A community corrections officer or a member of the police force who believes on reasonable grounds that a probationer who is subject to a bond with a home detention condition is contravening, has contravened or is about to contravene that condition of the bond may arrest the probationer without warrant and take him or her to the nearest police station at which facilities are continuously available for his or her care and custody.

        (4)         A probationer arrested pursuant to subsection (3) must be brought as soon as practicable before the sentencing court to be dealt with for breach of bond.