Part IV — What the design does to a person, and how it catches itself

28. Where People Are Put

Hano's case permits home confinement at a named available place. Ruk's case supports secure placement, with a separate finding that less restrictive alternatives are insufficient. The difference rests on the adjudicated case and the particular placement. Family status supplies no part of it.

A lawful sentence does not authorise holding somebody anywhere convenient. Current custody authority also requires a reviewed placement naming the person, case, actual place, kind of placement, lease, window and current record. The custody lease ties the claimed authority to one case, review window and constitutional source. The placement authority and independent reviewer must agree on availability, individual necessity, lawful conditions, counsel, reasons, inspection and accessible challenge. Competing qualified accounts cannot be treated as a choice of whichever one permits the preferred destination.

The economic constitution keeps another boundary beside that one. A dwelling claim, tenancy, cooperative share, customary tenure, public housing, household residence and private ownership are different legal relations. Imperfect title does not erase the claim to an adequate secure dwelling. Eviction or foreclosure that threatens the floor requires law, notice, a hearing, proportionality, review and a real continuity route. A placement record supplies no title and proves no delivered housing.

A family entry does no placement work. Family form, kinship, caregiving, pregnancy, disability, poverty or culture cannot justify harsher confinement. A restriction needs evidence of the particular harm and necessity, not an assumption drawn from the existence or shape of a household.

What makes an offence severe

Severity requires an adjudicated finding of grave injury or aggravated cruelty. Grave injury means death, life-threatening injury, or serious enduring physical or psychological harm. Aggravated cruelty means deliberately inflicting severe physical or psychological suffering. Duration can be evidence of that suffering; duration alone does not establish it. Intentional injury alone is insufficient, as is the number of people injured.

Each finding identifies the subject, case, incident, person harmed, dimension, evidence and procedure. The adjudicator and independent merits reviewer must be authorised for that finding and agree on those fields. Their case must itself satisfy the criminal proof, defence and procedure requirements. A raw injury, attack or cruelty entry cannot supply a signed finding. The reasoner checks that supplied record; it does not assess the harm itself.

Hano's findings about Ivo establish neither grave injury nor aggravated cruelty. Ruk has a separately supported finding of grave injury to Opal. The injury to Pax does not supply that finding. Lalo and Don have findings of aggravated cruelty. Their recorded home and family circumstances do not produce severity.

The companion comparisons hold the merits and procedural requirements constant while separating the harm from the placement decision:

Home confinement and ordinary supported residence remain eligible in a severe case. Severity sets a limit on the most restrictive option; it does not select that option. A home or residence still needs its own positive availability, necessity and conditions findings. Nothing in the classification supplies them.

Severity belongs to the case. A second case involving Ruk cannot borrow it. Nor does severity alone authorise a secure place: the placement must separately establish why less restrictive options are insufficient. It changes neither the person's floor nor the sentence's review interval.

What the placement alarm sees

A report of placement is different from an authorised destination. Ruk is eligible for consideration of home confinement, but the current placement record authorises a particular secure place. A report that State put Ruk at Homestay therefore conflicts with that record and triggers review. A report that Hano was put at HighSec does so too. An unknown destination has no authority to borrow. An exact-place report identifies the case and the place; the permission for another person's residence cannot justify it.

Competing reported destinations also trigger review. Competing fully reviewed placement records do more: they block custody authority until a lawful placement is established. They cannot be resolved by selecting a favourable record name. The marker identifies the affected person and creates Review's obligation; it does not establish that an investigation or relocation occurred.

No report means no finding about an unobserved physical placement. It does not mean that authority defaults to any place: positive lawful placement evidence is required before confinement may derive. Permission, a report of use, a finding of fault and a performed remedy answer different questions.

A fixed route still depends on evidence

The rules provide no placement reward for cooperation, employment, wealth or recognition. They also give no authority to withhold a qualifying fact merely to obtain a preferred result. Evidence retention, disclosure, independent challenge and correction remain necessary.

Removing a required signed finding can make a route unsupported. Adding an unqualified accusation cannot restore it. The reasoner can check those relationships in the supplied record; it cannot establish that the evidence was honestly gathered, retained or reported.

The companion cases vary confinement, severity inputs, family presence and home availability. Family changes leave severity and placement unchanged. Neither wealth nor poverty supplies the required finding of individual necessity. Separate cases remove required placement evidence, introduce competing places, report inappropriate destinations and attempt direct assertions of legal conclusions. A missing result and an unauthorised extra result are both tested. These checks verify the rules; they do not make an outside place available.

Eligible, with no home option recorded

Nando, Kel and Adam have no home option recorded. That omission establishes neither homelessness nor the impossibility of home confinement. Their custody cases instead supply positive evidence that no suitable consenting home is available and identify reviewed ordinary supported residences.

A supported residence is not HighSec under another name. It needs its own positive availability and least-restrictive-placement findings. Poverty or a missing home entry cannot justify escalating to a secure facility.

Without a suitable named place, the confinement authority does not derive. The State still owes a lawful least restrictive placement or a noncustodial alternative. A duty to find somewhere does not complete that task, and a housing label cannot fill the blank.

Housing with independent evidence

None of these placement records establishes delivered shelter. Hano's named home option and Adam's reviewed residence must be distinguished from evidence that either person actually received an adequate place to live.

The receipt test supplies such evidence separately: a recipient-side report and matching attestation by an authorised witness other than the provider. Shelter then derives. A counterfactual removing that receipt route loses the conclusion even though its evidence was supplied. The sentence and place records cannot substitute for it.

Every person was owed an adequate dwelling before a sentence or receipt. Neither custody nor evidence of delivery creates that right. Release cannot cancel it, and continuity requires action rather than a favourable label.

The child with nobody

Nell's birth entry derives standing and the dwelling debt. It supplies no custody, placement or shelter receipt. This is not evidence that Nell has nowhere to live.

Nell needs the ordinary floor and its delivery duties, without a custody case as an entry condition. The same distinction follows a person through release: authority to restrict movement, the place where that authority may be used, and the shelter owed on either side must each be established on its own terms.