House Arrest - Details

Details

Home detention provides an alternative to imprisonment and aims to reduce re-offending while also coping with expanding prison numbers and rising costs. It allows eligible offenders to retain or seek employment, maintain family relationships and responsibilities and attend rehabilitative programs that contribute towards addressing the causes of their offending.

The terms of house arrest can differ, but offenders are rarely confined to their residence 24 hours a day. Most programs allow employed offenders to continue to work, and only confine them during non-working hours. Offenders are also commonly allowed to leave their homes for specific, predetermined purposes; examples can include visits to the probation officer or police station, religious exceptions and medical appointments. Many programs also allow the convict to leave the residence during regular, pre-approved times in order to carry out general household errands such as food shopping and laundry. Offenders may also have to respond to communications from a higher authority to verify that they are at home when required to be. Exceptions are often made to allow visitors to visit the offender.

There are several types of house arrest, varying in severity as to the requirements of the court order. A curfew may restrict an offender to their house at certain times, usually during hours of darkness. Home confinement or detention would require an offender to remain at home for most hours, apart from the above mentioned exceptions. The most serious is home incarceration which would constrain an offender to their home constantly, aside from court-sanctioned treatment programmes and medical appointments.

In some exceptional cases, it is possible for a person to be placed under house arrest without trial or legal representation, with restrictions on who they can associate with. In some countries this has led to criticism, in which it is argued that this type of detention breaches the offender's human rights. In countries with authoritarian systems of government, such measures may be politically motivated to stifle dissent.

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