Section 74 — Sentencing Act 2002: Order must be drawn up and copy given to offender, etc

74 Order must be drawn up and copy given to offender, etc (1) If a court imposes a community-based sentence on an offender, the particulars of the sentence must be drawn up in the form of an order. (2) Wherever practicable, a copy of the order must be given to the offender before he or she leaves the court. (3) The order must include information regarding— (a) the nature of the sentence; and (b) the initial reporting obligations; and (c) the date on which the sentence commences; and (d) the obligations to comply with the instructions of a probation officer and the terms of the sentence; and (e) the consequences of non-compliance with the terms of the sentence; and (f) the statutory provisions under which the sentence may be varied or cancelled. (3A) If the community-based sentence is a sentence of community detention, then, in addition to the information required to be included in the order under subsection (3), the order must also include— (a) the sentence term; and (b) the curfew period: and (c) the conditions that apply, including those that apply for the duration of the sentence term and those that only apply during the curfew period. (4) For the purposes of subsection (1) , a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender. (5) If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court. (6) A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible after it is drawn up. Compare: 1985 No 120 s 58 Section 74(3A): inserted, on 1 October 2007, by section 37 of the Sentencing Amendment Act 2007 (2007 No 27).