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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

15A: Sentence of home detention

You could also call this:

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

Illustration for Sentencing Act 2002

If a court can give you a sentence of home detention, it will only do this if it thinks a less restrictive sentence won't work. The court must also think that without home detention, you would get a short-term prison sentence. You will get a sentence of home detention if the court believes it's the best option for you and the community. The court's decision is guided by laws that may say home detention is preferred or not allowed for certain offences, or that prison is required for some offences, as stated in the Sentencing Amendment Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135557.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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15: Community-based sentence, or

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

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15B: Limitation on sentence of home detention for person under 18 years, or

"Young people under 18 can't get home detention for most crimes, unless it's very serious."

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

15ASentence of home detention

  1. If a court is lawfully entitled under this or any other enactment to impose a sentence of home detention, it may impose a sentence of home detention only if—

  2. the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by any less restrictive sentence or combination of sentences; and
    1. the court would otherwise sentence the offender to a short-term sentence of imprisonment.

      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 sentence of home detention in relation to a particular offence; or
        1. requires a court to impose a sentence of imprisonment in relation to a particular offence.

          Notes
          • Section 15A: inserted, on , by section 10 of the Sentencing Amendment Act 2007 (2007 No 27).