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Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Supervision

45: Sentence of supervision

You could also call this:

"When you do something wrong, a court can give you supervision instead of prison time."

Illustration for Sentencing Act 2002

A court can sentence you to supervision if you are found guilty of a crime that can be punished with prison time, or if the law that applies to your crime says you can be sentenced to home detention or a community-based sentence. The court decides how long the supervision will last, but it must be at least 6 months and no more than 1 year. This rule is also affected by what is said in sections 46 and 47.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136018.

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

"Staying in your community with rules to follow after doing something wrong"

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46: Guidance on use of sentence of supervision, or

"Helping you behave and be part of the community through supervision sentences"

Part 2Sentences, orders, and related matters
Community-based sentences: Supervision

45Sentence of supervision

  1. A court may sentence an offender to supervision if—

  2. the offender is convicted of an offence punishable by imprisonment; or
    1. the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or
      1. the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.

        1. The sentence may be for a period, being not less than 6 months and not more than 1 year, that the court thinks fit.

        2. This section is subject to sections 46 and 47.

        Notes
        • Section 45(1)(ab): inserted, on , by section 18(1) of the Sentencing Amendment Act 2007 (2007 No 27).
        • Section 45(2): amended, on , by section 18(2) of the Sentencing Amendment Act 2007 (2007 No 27).