Community Corrections



Community Corrections

Introduction

The aim of this paper is to present various aspects of community corrections and look into some of the related laws associated. The paper will be divided into three parts, part one will be covering assignment number one which comprises of three case studies, part two focuses on creating a temporary assessment order and lastly will discuss emergency examination orders.

Discussion

Assignment number 1 Part A

CASE STUDY A - Offender JONES

Based on the case study provided it is clearly apparent that even though Jones was given multiple occasions to give urine and breath tests which he failed to comply to repeatedly and also showed up drunk, clearly Jones lacks the maturity to understand the gravity of the situation, therefore yes I would definitely suspend Jones. Irrespective of where a person is within Australia any person found with blood alcohol concentration of 0.05 is liable to very serious consequences which vary according to the severity of the situation (Findlaw, 2012) Based on the fact that Jones has been convicted multiple times driving under the influence and possessing drugs and utensils I would suspend the order since Jones appears to be a threat to the community owning to his past behaviour.

Since I would suspend Jones the point on which I would take action are based on additional charges, the reason for this can be justified from the fact the according to the risk assessment performed Jones cannot be charged based on the fact that when his urine and breath were tested for Alcohol his results were .0005 which is far lesser then the Australian law and even though Jones tested positive for THC there is no confirmation to how much was the level of THC since according to the risk assessment analysis people with 1 % level of THC is not weighted. However Jones can be charged on additional charges since the possession of cannabis in any form within Australia is illegal and is subject to various legal actions. Secondly Jones also possessed utensils and pipes used for drugs which are subject to further investigation and the order can be held under supervision until proven guilty.

Explanation

According to the Road Tariff Act 1974 any person while driving under the influence of alcohol is subject to a number of forms of punishments ranging from fees, community services and in worst cases imprisonment, since Jones was clearly under the influence it was mandatory for the law enforcement to take the order under custody. The only drawback of the issue is that Jones's BAC was lesser then the amount which is not even weighted. Therefore even though Jones turned up to the urine and breath test intoxicated the BAC was too less to suspend the order in this case however there are a number of other factors which can lead to Jones's suspension According to Section 5 of the Misuse of Drugs act 1981 any person possessing and pipes and utensils used in connection with smoking of any prohibited drug is considered an offender and is ...