Part 2Sentences, orders, and related matters
Community-based sentences: Supervision
52Other special conditions
A court may impose any of the special conditions described in subsection (2) if the court is satisfied that—
- there is a significant risk of further offending by the offender; and
- standard conditions alone would not adequately reduce that risk; and
- the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
The conditions referred to in subsection (1) are—
- any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:
- conditions requiring the offender to take prescription medication:
- conditions requiring the offender to undertake training in basic work and living skills:
- conditions prohibiting the offender from doing 1 or more of the following:
- using (as defined in section 4(1)) a controlled drug:
- using a psychoactive substance:
- consuming alcohol:
- using (as defined in section 4(1)) a controlled drug:
- any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
No court may impose a condition under this section that the offender pay any fine, reparation, or other sum ordered to be paid on conviction, or that the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work.
No court may impose a condition under this section that the offender submit to electronic monitoring.
However, subsection (3A) does not prevent the court from imposing a drug or alcohol condition, which would mean that the offender may be required, under section 80ZO(2)(b), to submit to continuous monitoring.
No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—
- has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and
- consents to taking the prescription medication.
An offender does not breach his or her conditions for the purposes of section 70 if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of supervision under section 54.
Notes
- Section 52(2)(ba): inserted, on , by section 21(1) of the Sentencing Amendment Act 2007 (2007 No 27).
- Section 52(2)(bb): inserted, on , by section 6(1) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
- Section 52(3A): inserted, on , by section 21(2) of the Sentencing Amendment Act 2007 (2007 No 27).
- Section 52(3B): inserted, on , by section 6(2) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
- Section 52(5): amended, on , by section 21(3) of the Sentencing Amendment Act 2007 (2007 No 27).


