Sentencing Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 69E — Conditions of community detention during sentence term
69E Conditions of community detention during sentence term (1) An offender sentenced to community detention is subject to the following conditions during the sentence term: (a) during the curfew…
Section 69F — Electronic monitoring
69F Electronic monitoring (1) The purpose of an electronic monitoring condition imposed as a condition under section 69E(1)(e) is to deter the offender from breaching the condition that the offender…
Section 69G — Offence to breach conditions of community detention
69G Offence to breach conditions of community detention An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not…
Section 69H — Offence to refuse entry to community detention curfew address
69H Offence to refuse entry to community detention curfew address (1) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a…
Section 69I — Variation or cancellation of sentence of community detention
69I Variation or cancellation of sentence of community detention (1) An offender who is subject to a sentence of community detention, or a probation officer, may apply, in accordance with section 72…
Section 69J — Application of section 69I during epidemic
69J Application of section 69I during epidemic (1) While an epidemic management notice is in force,— (a) a probation officer who has applied in accordance with section 72 for an order under section…
Section 69K — Alternative curfew address pending determination of application under section 69I
69K Alternative curfew address pending determination of application under section 69I (1) This section applies if a probation officer or an offender who is subject to a sentence of community…
Section 69L — When sentence ends on non-release day
69L When sentence ends on non-release day If the last day of an offender's sentence of community detention falls on a non-release day, the offender ceases to be subject to the sentence on the nearest…
Section 69M — Community detention does not affect entitlements under Social Security Act 1964
69M Community detention does not affect entitlements under Social Security Act 1964 The fact that a person is serving a sentence of community detention does not, of itself, affect any entitlement the…
Section 70 — Offences related to breach of conditions of supervision
70 Offences related to breach of conditions of supervision An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not…
Section 70A — Offence to breach conditions of intensive supervision
70A Offence to breach conditions of intensive supervision An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not…
Section 71 — Offences relating to breach of sentence of community work
71 Offences relating to breach of sentence of community work (1) An offender who is sentenced to community work commits an offence, and is liable on summary conviction to imprisonment for a term not…
Section 72 — Jurisdiction and procedure
72 Jurisdiction and procedure (1) Every application under section 54 , 54K , 68 , or 69I must be made— (a) to the High Court, if the sentence was passed— (ia) by the Supreme Court on appeal against a…
Section 73 — Appeal in respect of substituted sentence
73 Appeal in respect of substituted sentence For the purposes of any appeal or application for leave to appeal,— (a) a sentence substituted for a community-based sentence imposed on the conviction of…
Section 74 — 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.…
Section 75 — Commencement of community-based sentences
75 Commencement of community-based sentences (1) A community-based sentence commences on the day on which it is imposed. (2) Subsection (1) applies— (a) subject to sections 75A and 75B and to section…
Section 75A — Commencement of cumulative sentences of community work
75A Commencement of cumulative sentences of community work (1) If a sentence of community work is imposed cumulatively on another sentence of community work imposed at the same time,— (a) at least 1…
Section 75B — Commencement of cumulative sentences of community detention
75B Commencement of cumulative sentences of community detention (1) If a sentence of community detention is imposed cumulatively on another sentence of community detention imposed at the same time,—…
Section 76 — Commencement of community-based sentence after temporary surrender under Extradition Act 1999
76 Commencement of community-based sentence after temporary surrender under Extradition Act 1999 (1) This section applies if an offender is temporarily surrendered to New Zealand under the…
Section 77 — Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving community-based sentence
77 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving community-based sentence When an offender performs any service or does any work or attends any course…
Section 78 — Effect of subsequent sentence of imprisonment
78 Effect of subsequent sentence of imprisonment (1) Subsection (2) applies if an offender who is subject to a community-based sentence is subsequently sentenced to— (a) a term of imprisonment of not…
Section 79 — Period of suspension not counted towards sentence
79 Period of suspension not counted towards sentence (1) No period during which a sentence of supervision is suspended under section 78(2) or (7) is counted towards the period under section 45(2) .…
Section 80 — Resumption of community-based sentence if sentence of imprisonment quashed
80 Resumption of community-based sentence if sentence of imprisonment quashed (1) This section applies to a community-based sentence that is suspended under section 78(2)(a) or section 78(7) . (2)…
Section 80A — Sentence of home detention
80A Sentence of home detention (1) A court may sentence an offender to a sentence of home detention if— (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is…
Section 80ZA — When detention conditions suspended
80ZA When detention conditions suspended The detention conditions of an offender serving a sentence of home detention are suspended during any period that the offender spends in custody under a court…
Section 80B — Concurrent and cumulative sentences of home detention
80B Concurrent and cumulative sentences of home detention (1) If a court imposes a sentence of home detention on an offender who is already subject to a sentence of home detention, the sentences must…
Section 80ZB — Time ceases to run in certain circumstances
80ZB Time ceases to run in certain circumstances For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence…
Section 80C — Detention conditions applying to offender sentenced to home detention
80C Detention conditions applying to offender sentenced to home detention (1) An offender who is serving a sentence of home detention is subject to detention conditions comprising— (a) the standard…
Section 80ZC — Order must be drawn up
80ZC Order must be drawn up (1) If a court imposes a sentence of home detention on an offender, the particulars of the sentence must be drawn up in the form of an order. (2) A copy of the order must…
Section 80D — Special conditions of sentence of home detention
80D Special conditions of sentence of home detention (1) In addition to the standard conditions that apply under section 80C , the court may, subject to subsections (2), (3), and (7), impose 1 or…
Section 80ZD — Offender must be given copy of new or amended order
80ZD Offender must be given copy of new or amended order If an offender's detention conditions or post-detention conditions are varied or discharged, the offender must be given a copy of the new or…
Section 80E — Electronic monitoring
80E Electronic monitoring (1) The purpose of an electronic monitoring condition is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance…
Section 80ZE — Home detention does not affect entitlements under Social Security Act 1964
80ZE Home detention does not affect entitlements under Social Security Act 1964 The fact that a person is serving a sentence of home detention does not, of itself, affect any entitlement the person…
Section 80F — Application for variation or cancellation of sentence of home detention
80F Application for variation or cancellation of sentence of home detention (1) An offender who is subject to a sentence of home detention, or a probation officer, may apply for an order under…
Section 80ZF — Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence
80ZF Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence When an offender performs any service or does any work or attends any…
Section 80G — Matters relating to orders under section 80F
80G Matters relating to orders under section 80F (1) If the court cancels a sentence of home detention under section 80F(4)(d) , the court may at the same time cancel any sentence of community work…
Section 80ZG — Effect of subsequent sentence of imprisonment
80ZG Effect of subsequent sentence of imprisonment (1) This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to a term of imprisonment. (2) If…
Section 80H — Alternative residence pending determination of application under section 80F
80H Alternative residence pending determination of application under section 80F (1) This section applies if a probation officer or an offender who is subject to a sentence of home detention intends…
Section 80ZH — Application of section 80F during epidemic
80ZH Application of section 80F during epidemic (1) While an epidemic management notice is in force,— (a) a probation officer who has applied for an order under section 80F(4) varying the special…
Section 80I — Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases
80I Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases (1) This section applies if— (a) a court has sentenced an offender to a…
Section 80ZI — Application of section 80R during epidemic
80ZI Application of section 80R during epidemic (1) While an epidemic management notice is in force,— (a) a probation officer who has applied for an order under section 80R(3) varying the…
Section 80J — Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention
80J Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention (1) This section applies for the purposes of filing and…
Section 80ZJ — Progress reports
80ZJ Progress reports (1) If the court has imposed a sentence of intensive supervision or home detention and a special condition of that sentence is that the offender be subject to judicial…
Section 80K — Application for cancellation of sentence of imprisonment and substitution of sentence of home detention
80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention (1) An offender who is subject to a short-term sentence of imprisonment and who has leave…
Section 80ZK — Consideration of progress reports
80ZK Consideration of progress reports After considering a progress report, the Judge may order that the offender attend before him or her if the Judge considers it desirable for the administration…
Section 80L — Updated pre-sentence report
80L Updated pre-sentence report (1) An offender subject to a sentence of imprisonment who makes an application for substitution of a sentence of home detention under section 80K must agree to a…
Section 80ZL — Procedure
80ZL Procedure (1) A copy of an order under section 80ZK must be given to the offender and the probation officer who filed the progress report. (2) The order must be accompanied by a notice setting…
Section 80M — Appeals in respect of substituted sentences
80M Appeals in respect of substituted sentences (1) This section applies if a court orders— (a) cancellation of a sentence of home detention and substitution of another sentence under section 80F ;…
Section 80ZM — Procedure if possible grounds for variation or cancellation of sentence exist
80ZM Procedure if possible grounds for variation or cancellation of sentence exist (1) If, after hearing from the offender and the probation officer, the Judge considers that there may be grounds for…
Section 80N — Imposition of post-detention conditions on offender
80N Imposition of post-detention conditions on offender (1) A court that sentences an offender to a term of home detention of 6 months or less may impose the standard post-detention conditions and…