PETALING JAYA: House arrest, an alternative to imprisonment, is used in various countries to address non-violent crimes, reduce prison overcrowding, and offer a less restrictive punishment while maintaining public safety.
This legal measure restricts an offender to their home for a set period with varying degrees of freedom depending on the country’s laws.
Countries such as the United States, Argentina, Italy and Australia have formal provisions for house arrest. Each country’s laws on the practice differ, with house arrest being applied in cases involving minor offences, white-collar crimes, or as a pre-trial condition for offenders not considered dangerous.
In the US, house arrest is frequently employed for non-violent federal crimes such as fraud or drug offences.
The system typically uses an ankle-mounted device for electronic monitoring to track the offender’s movements.
While there may be exceptions for offenders to attend work, school, or medical appointments, they must otherwise stay at home.
Judges typically impose house arrest for first-time offenders or individuals with strong community ties, aiming to promote rehabilitation while keeping them under close supervision.
In Italy, house arrest is primarily used on individuals awaiting trial or for less serious crimes.
The Italian justice system provides offenders the opportunity to avoid traditional incarceration if they meet certain conditions, such as having no prior criminal record.
Similar to the US, Italy’s house arrest system includes electronic monitoring and strict conditions that ensure the offenders remain at home except for approved activities.
In Australia, house arrest is known as “home detention” and is used as an alternative to full-time imprisonment.
This system applies to non-violent offenders and allows them to continue working, maintaining family ties, and contributing to society while under strict supervision.
An offender under home detention in Australia may also be required to attend rehabilitation or counselling programmes as part of their sentence.
Meanwhile, countries like Argentina and Brazil have been using house arrest as a way to manage prison overcrowding.
Argentina, in particular, has imposed house arrest in cases involving women and vulnerable groups, especially during the Covid-19 pandemic, as a means to ensure better humanitarian treatment while maintaining legal supervision.
Legal counsel may argue for house arrest as a more appropriate alternative to incarceration, especially for non-violent cases.
Courts in these countries may also consider the offender’s family responsibilities and employment status when deciding whether house arrest is appropriate.House arrest, though less severe than traditional incarceration, comes with strict conditions that, if violated, can lead to further legal penalties, including imprisonment.
