In a Short Detention Order (SDO), an offender can be detained in prison for a period not exceeding 14 days. The short duration is less disruptive and stigmatising than a longer stay, and allows the offender to reintegrate into society at an earlier time.
Eligibility for SDO
The Court may make a SDO: –
- Where an offender who is 16 years of age or above is convicted of an offence; and
- The Court is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do.
Obligations and Breaches of SDOs
The offender is obligated to not commit any aggravated prison offences during his SDO under Section 73 of the Prisons Act such as: –
- Mutiny;
- Escape or attempt to escape;
- Take part in any assault or attack on an officer;
- Destruct prison property;
- Wilfully cause his or herself illness, injury or disability;
- Wilfully make false accusations or complaint against officer or prisoner;
- Associate with a secret society;
- Repeat offences after having been twice punished for the same offence;
- Fail to subject to home detention order to report to such a person;
- Refuse to allow the entry of Superintendent or person to enter his residence for the purpose of home detention;
- Any other act of gross misconduct or insubordination; and
- Abetting the commission of any aggravated prison offence
Where an offender is in breach of a short detention order, a Court may revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.
Conclusion
The law in this area is complex, and it is important to have access to legal counsel to better understand sentencing options as it affects liberty. Contact one of our dedicated Specialist Criminal Lawyers who will be able to give you quality advice and personal attention to your specific legal troubles.
