South Australian Consolidated Acts South Australian Consolidated Acts37C—Variation or revocation of home detention order
(1) The Court may vary
an order for home detention if satisfied that the residence specified in the
order is no longer suitable for detention of the youth and that there is some
other suitable residence available for his or her detention.
(2) If the Court is
satisfied that—
(a) a
youth serving a sentence of home detention has breached a condition to which
the home detention was subject; or
(b) the
residence specified in the order is no longer suitable for the youth and no
other suitable residence is available for his or her detention,
the Court may revoke the order for home detention.
(3) A youth is not in
breach of the condition requiring the youth to remain at his or her residence
if he or she leaves the residence for the purpose of averting or minimising a
serious threat of risk or injury (to the youth or some other person).
(4) If the Court
revokes an order for home detention it may impose some other sentence on the
youth and, in doing so, must take into account the period served by the youth
under the order.
(5) If an order for
home detention is revoked on the ground of breach of condition, the Court may
sentence the youth to detention for a term not exceeding the balance of the
period of home detention unexpired as at the date on which the breach
occurred, but a sentence of detention may not be imposed in the case of
revocation on any other ground.
(6) The Court may, if
it thinks it is necessary to do so, issue a warrant for the apprehension and
detention of a youth pending determination of proceedings under this section.