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Sentencing Act 2002

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

54: Variation or cancellation of sentence of supervision

You could also call this:

"Changing or stopping a supervision sentence"

Illustration for Sentencing Act 2002

If you are under supervision, you or your probation officer can apply to the court to change or cancel your supervision sentence. You can do this if you are having trouble following the rules of your sentence, or if the programme you are in is no longer suitable for you. You can also apply if your circumstances have changed since you were sentenced, and you think this change would help you to rehabilitate and reintegrate into the community.

If you are convicted of another crime while under supervision, your probation officer can apply to the court to change or cancel your sentence. The court can then decide to change the rules of your sentence, cancel it, or replace it with a different sentence.

The court must consider how much of your original sentence you have already served when deciding on a new sentence. If the court cancels your sentence, it will end on the day the court makes the decision, or on a later date that the court chooses. If you apply to change the rules of your sentence, your probation officer may be able to temporarily suspend those rules until the court makes a decision, in accordance with section 72. The court will also follow rules like those in section 52(2)(b) when making decisions about your sentence.

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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=DLM136028.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"When you get a supervision sentence, a probation officer will keep an eye on you."

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

54Variation or cancellation of sentence of supervision

  1. An offender who is subject to a sentence of supervision, or a probation officer, may apply in accordance with section 72 for an order under subsection (3) of this section on the grounds that—

  2. the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence:
    1. any programme to which the offender is subject is no longer available or suitable for the offender:
      1. having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—
        1. the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of special conditions, or the imposition of additional special conditions; or
          1. the continuation of the sentence is no longer necessary in the interests of the community or the offender.

          2. A probation officer may apply in accordance with section 72 for an order under subsection (3) of this section if an offender who is subject to a sentence of supervision is convicted of an offence punishable by imprisonment.

          3. On an application under subsection (1) or subsection (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

          4. remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions:
            1. cancel the sentence:
              1. cancel the sentence and substitute any other sentence (including another sentence of supervision) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed.

                1. The court must not vary any existing condition or impose any new condition of a kind referred to in section 52(2)(b) without the consent of the offender.

                2. When determining a substitute sentence under subsection (3)(c), the court must take into account the portion of the original sentence that remains unserved at the time of the order.

                3. If the court cancels a sentence under this section, the sentence expires on the date that the order is made, or on any other date that the court may specify.

                4. If an application is made under this section for the remission, suspension, or variation of any condition imposed by the court, a probation officer may suspend the condition until the application has been heard and disposed of.

                Notes
                • Section 54(1)(c)(i): replaced, on , by section 22(1) of the Sentencing Amendment Act 2007 (2007 No 27).
                • Section 54(3)(a): replaced, on , by section 22(2) of the Sentencing Amendment Act 2007 (2007 No 27).