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Offenders must serve 1 month in custody before they can apply to have their ICO reinstated.
Generally, the SPA’s Secretariat won;t list a review hearing for reinstatement before the offender has served one month in prison.
This is to allow sufficient time for the offender, or their solicitor, to seek reinstatement of the ICO at the actual review hearing, without needing an adjournment.
If you're an offender whose ICO has been revoked for re-offending and you are bail refused, then the SPA will not consider your reinstatement on the ICO until all your outstanding court matters are finalised.
If your original ICO doesn't have a work component or home detention as Additional Conditions the SPA will not need a eport from Community Corrections before making a decision on reinstatement.
If the SPA is considering placing either a work or home detention component on the order (whether it was on the original order or not), the matter must be stood over to allow Community Corrections to submit a reinstatement report.
For an order to be reinstated the SPA must be satisfied the offender can successfully complete the remaining period of their sentence on their ICO.
Offenders aren’t limited in the number of applications they can make for reinstatement of their ICO.
In the event an offender does not seek reinstatement of their order, or is found unsuitable, the offender will serve the balance of the Intensive Correction Order in custody.
15 Jul 2022
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