Section 56 — Sentencing Act 2002: Guidance on use of sentence of community work
Text of the provision Official document
56 Guidance on use of sentence of community work (1) In considering whether to impose a sentence of community work, the court must give particular consideration to— (a) whether the nature and circumstances of the offending make it appropriate for the offender to be held accountable to the community by making compensation to it in the form of work, in addition to, or instead of, making reparation to any person in respect of the offending; and (b) whether the sentence is appropriate having regard to the offender's character and personal history, and to any other relevant circumstances. (2) A sentence of community work is inappropriate if the court is satisfied that— (a) the offender has alcohol, drug, psychiatric, or intellectual problems that indicate that it is unlikely that he or she would complete a sentence of community work; or (b) for any other reason it is unlikely that the offender would complete a sentence of community work. (3) The court may assume that suitable work is available for the offender to perform under the sentence unless the court is advised otherwise by a probation officer. Section 56(1)(a): amended, on 1 October 2007, by section 26 of the Sentencing Amendment Act 2007 (2007 No 27).
Official source: legislation.govt.nz
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