PART VI
HOME DETENTION SCHEME
Interpretation of this Part
51.  In this Part —
“home detention”, in relation to a prisoner, means the serving by the prisoner of his sentence of imprisonment in such place or places, outside the limits of any prison, as may be specified in the home detention order;
“home detention order” means an order of the Director under section 52;
“Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner had been released for home detention.
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Order for home detention
52.  Subject to section 53, the Director may, if he thinks fit, by order release a prisoner who is eligible for home detention for a period not exceeding 6 months.
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Eligibility for home detention
53.—(1)  A prisoner is eligible to be released for home detention under section 52 if —
(a)he is serving a sentence of imprisonment for a term of not less than 6 months and has served not less than half of his sentence of imprisonment; and
(b)he is not a prisoner specified under the Schedule as being disqualified from being released for home detention under section 52.
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(2)  For the purpose of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature shall be treated as one sentence.
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Conditions for home detention
54.—(1)  A prisoner subject to a home detention order shall —
(a)remain indoors at his place of residence or at such other place or places as may be designated by the Director in the order, and between such times as may be specified in the order;
(b)wear at all times on such part of his body as the Director may specify, such electronic transmitting device as may be issued by the Director for the purpose of securing the electronic monitoring of his whereabouts by means of an electronic monitoring device;
(c)allow the Superintendent and any person authorised by the Superintendent to enter at any time his place of residence, or such other place or places designated by the Director under paragraph (a), to install, inspect, maintain, repair or retrieve any electronic monitoring device;
(d)allow a telephone line at his place of residence, or at such other place or places designated by the Director under paragraph (a), to be connected to an electronic monitoring device;
(e)ensure that there is no call waiting or call transfer facility attached to the telephone line referred to in paragraph (d) and that the telephone line is not connected to any cordless telephone, telephone answering machine, parallel telephone line, modulator — demodulator unit or any other equipment which may interfere with the proper functioning of the electronic monitoring device;
(f)not disconnect, remove, damage, tamper with, or lose the electronic transmitting device issued to him or the electronic monitoring device installed at his place of residence or at such other place or places designated by the Director under paragraph (a), or disconnect, remove, damage or tamper with the telephone line connected to the electronic monitoring device;
(g)immediately inform the Superintendent or any prison officer of any malfunction or loss of, or damage to, the electronic transmitting device or the electronic monitoring device;
(h)respond promptly to any telephone call from any person appointed by the Director to monitor prisoners who have been issued with an electronic transmitting device; and
(i)comply with such other conditions as the Director may specify in the order.
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(2)  The Director may at any time by order in writing served on the prisoner subject to a home detention order —
(a)vary, cancel or add to any of the conditions specified in subsection (1); or
(b)exempt the prisoner from any of the conditions specified in subsection (1).
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Effect of home detention order
55.  Where a home detention order is in force in respect of a prisoner —
(a)the prisoner shall be deemed to be serving his sentence of imprisonment;
(b)the prisoner shall be deemed to be in the lawful custody of the Superintendent; and
(c)the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.
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Recall to prison
56.—(1)  If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of the home detention order, or has committed a disciplinary offence while being subject to a home detention order, the Superintendent may —
(a)make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the home detention order or committed a disciplinary offence while being subject to the order; and
(b)recall the prisoner to prison pending the completion of the inquiry.
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(2)  The period of the home detention order of a prisoner who is recalled to prison under subsection (1)(b) shall continue to run, notwithstanding the fact that he is recalled to prison, unless the order is revoked under section 57 or suspended under section 58.
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Revocation of home detention order
57.—(1)  If the Director is satisfied that —
(a)a prisoner has failed to return to prison after he has been recalled to prison under section 56(1)(b);
(b)a prisoner has failed to comply with any of the conditions of the home detention order;
(c)a prisoner has committed a disciplinary offence while being subject to a home detention order;
(d)the whereabouts of a prisoner can no longer be electronically monitored at his place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the home detention order; or
(e)it is necessary in the public interest to do so,
the Director may revoke the home detention order in respect of that prisoner and recall the prisoner to prison, and the prisoner shall, if at large, be deemed to be unlawfully at large.
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(2)  Upon the revocation of the home detention order under subsection (1), the prisoner shall serve the unexpired part of his sentence of imprisonment in prison.
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Suspension of home detention order
58.—(1)  Subject to subsection (2), where a prisoner subject to a home detention order is punished for a minor prison offence under section 70(1)(a) or (b), or for an aggravated prison offence under section 71(1)(b) or (c), the home detention order in respect of the prisoner shall, unless revoked under section 57, be suspended from the date on which the prisoner is punished for —
(a)the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)(a) or 71(1)(b); or
(b)the period of remission which is forfeited pursuant to an order under section 70(1)(b) or 71(1)(c).
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(2)  If a prisoner is punished with both confinement in a punishment cell under section 70(1)(a) or 71(1)(b) and forfeiture of remission under section 70(1)(b) or 71(1)(c), the period for which the home detention order shall be suspended under subsection (1) shall be the sum of the period for which the prisoner is ordered to undergo confinement and the period of remission forfeited.
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Powers to enter and search
59.  A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him may —
(a)enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after he is recalled by the Superintendent under section 56(1)(b); and
(b)in order to effect an entrance into that place, break open any outer or inner door or window of that place if he cannot otherwise obtain admittance thereto.
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