Eligibility for home detention
53.—(1)  A prisoner is eligible to be released for home detention under section 52 if —
(a)the prisoner is serving a sentence of imprisonment for a term of not less than 4 weeks or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof;
(b)the prisoner has served not less than 14 days of his or her sentence of imprisonment or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof; and
(c)the prisoner is not a prisoner specified under the Second Schedule as being disqualified from being released for home detention under section 52.
[33/2004; 1/2014]
(2)  The disqualification of a prisoner under subsection (1)(c) may be removed by the Minister if the Minister considers that the prisoner is deserving of home detention, having regard to the circumstances of the case, including the following factors:
(a)the prisoner’s progress and response to rehabilitation in prison;
(b)the prisoner’s family support;
(c)the risk of recidivism by the prisoner.
[33/2004]
(3)  For the purpose of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature is treated as one sentence.