South Australian Consolidated Acts South Australian Consolidated Acts38—Suspension of imprisonment on defendant entering into bond
(1) Where a court has
imposed a sentence of imprisonment upon a defendant, the court may, if it
thinks that good reason exists for doing so, suspend the sentence on condition
that the defendant enter into a bond—
(a) to
be of good behaviour; and
(b) to
comply with the other conditions (if any) of the bond.
(2) A sentence of
imprisonment may not be suspended under this section where the sentence is to
be served cumulatively upon another term of imprisonment, or concurrently with
another term then being served, or about to be served, by the defendant.
(2a) However, if the
period of imprisonment to which a defendant is liable under one or more
sentences is more than three months but less than one year, the sentencing
court may, by order—
(a)
direct that the defendant serve a specified period (being not less than one
month) of the imprisonment in prison; and
(b)
suspend the remainder on condition that the defendant enter into a bond of a
kind described in subsection (1) that will have effect on the defendant's
release from prison.
(2b) The term of a
bond under subsection (2a) cannot extend beyond the period of the
suspended imprisonment.
(2c) If the court
suspends a sentence of imprisonment under this section on the ground that,
because of the defendant's ill health, disability or frailty, it would be
unduly harsh for the defendant to serve any time in prison, the court may, in
addition to any other conditions included in the bond, include
a condition (a "home detention condition") requiring the defendant to reside
in a specified place and to remain at that place for a specified period of no
more than 12 months, not leaving it except for one of the following purposes:
(a)
remunerated employment;
(b)
necessary medical or dental treatment for the defendant;
(c)
averting or minimising a serious risk of death or injury (whether to the
defendant or some other person);
(d) any
other purpose approved or directed by the community corrections officer to
whom the defendant is assigned,
(and if the court includes a home detention condition it must also include a
condition requiring the defendant to be under the supervision of a community
corrections officer for at least the same period).
(3) If a probationer
under a bond entered into pursuant to this section complies with the
conditions of the bond, the sentence of imprisonment is, on the expiration of
the bond, wholly extinguished.