Section 36 — Sentencing Act 2002: Conditions of sentence of reparation

36 Conditions of sentence of reparation (1) If a court sentences an offender to make reparation, the court must determine the conditions of the sentence in respect of the following matters: (a) the total amount of reparation to be paid by the offender: (b) whether the amount is to be paid in 1 lump sum or in instalments: (c) if the amount is to be paid in 1 lump sum, whether it is to be paid immediately or at some specified future date: (d) if the amount is to be paid in instalments, the frequency and amounts of the instalments. (2) The court may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court is satisfied that the offender has sufficient means to pay it immediately. (3) If the court imposes a condition on a sentence of reparation that it must be paid immediately in 1 lump sum, section 83(2) of the Summary Proceedings Act 1957 applies as if the condition were an order under section 83(1) of that Act. Compare: 1985 No 120 s 24(a) Subsections (2) and (3) were inserted, as from 7 July 2004, by section 5 Sentencing Amendment Act 2004 (2004 No 68).