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Prisoner's rights

Release from prison

Home detention

Can I apply for home detention near the end of my sentence?

Parole Act 2002, s 33; Sentencing Act 2002, s 80I

No, you can’t finish a prison sentence by moving on to home detention. That used to be possible in the past, but now home detention is only an option when you’re sentenced in court after you’re convicted of an offence.

If a judge would have given a sentence of Home Detention, but there isn’t a suitable residential address then the judge can give a sentence of imprisonment with “leave to apply” for Home Detention if a suitable residential address is found. This sentence must be made by the judge at the time of sentencing. If you think you may have been given this sentence you should contact your lawyer for more information.

However, home detention is effectively the same as being released on parole with electronic monitoring (called “residential restrictions”), which can be a special condition on parole (see above, “Release conditions/What is electronic monitoring?“).

Next Section | Preparing for release

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Release from prison

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