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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

15: Community-based sentence

You could also call this:

"When a judge chooses a community-based sentence instead of a fine for a crime."

Illustration for Sentencing Act 2002

If you are in court and the judge can give you a community-based sentence or a fine, they can only give you a community-based sentence if they think a fine is not the right choice, as explained in section 13. This might happen if the judge does not think a fine is suitable. The judge might also choose not to give you a fine because of certain circumstances mentioned in section 14. You should know that there are some exceptions to this rule. The court must follow any other laws that say what sentence should be given for a particular crime, or that require a specific sentence for a particular offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135556.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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14: Reparation, fines, and financial capacity of offender, or

"Paying for what you did wrong: fines and reparation"

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15A: Sentence of home detention, or

"Staying at home as a punishment instead of going to prison"

Part 1Sentencing purposes and principles, and provisions of general application
General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

15Community-based sentence

  1. If a court is lawfully entitled under this or any other enactment to impose a community-based sentence or a fine, or both, it may impose a community-based sentence only if—

  2. the court, in accordance with section 13, does not regard a fine as the appropriate sentence; or
    1. the court is not going to impose a fine because of either of the circumstances referred to in section 14.

      1. This section is subject to any provision in this or any other enactment that—

      2. provides a presumption in favour of or against imposing a particular sentence in relation to a particular offence; or
        1. requires a court to impose a particular sentence in relation to a particular offence.