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Sentencing Act 2002

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

54A: Application of section 54 during epidemic

You could also call this:

"What happens to your sentence during an epidemic"

Illustration for Sentencing Act 2002

When there is an epidemic management notice in force, you need to know what happens to sentences of supervision. If a probation officer has applied to change the special conditions of your sentence under section 54(3) as set out in section 72, they can change those conditions themselves. Any probation officer can also change the special conditions if you have applied to change them under section 54(3) as set out in section 72.

A probation officer can change or stop any standard conditions of a sentence of supervision. If a probation officer changes the special conditions, this change will stay in place until your application to change the conditions has been heard and decided.

If a probation officer changes or stops a standard condition, this change will stay in place until the epidemic management notice is cancelled or the probation officer decides to change it back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136029.

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"When time doesn't count towards your supervision sentence"

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

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

54AApplication of section 54 during epidemic

  1. While an epidemic management notice is in force,—

  2. a probation officer who has applied in accordance with section 72 for an order under section 54(3) varying the special conditions subject to which a sentence of supervision was imposed by the court on an offender may himself or herself vary those conditions; and
    1. any probation officer may himself or herself vary the special conditions subject to which a sentence of supervision was imposed by the court on an offender if the offender has applied in accordance with section 72 for an order under section 54(3) varying those conditions; and
      1. a probation officer may vary or suspend any standard conditions of a sentence of supervision.

        1. A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard and disposed of.

        2. Any variation or suspension of a standard condition under subsection (1)(c) has effect until the earlier of—

        3. the revocation of the epidemic management notice; or
          1. the date on which a probation officer rescinds the variation or suspension.

            Notes
            • Section 54A: inserted, on , by section 5 of the Sentencing Amendment Act (No 2) 2006 (2006 No 89).
            • Section 54A(1)(a): amended, on , by section 23(1) of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 54A(1)(b): amended, on , by section 23(2) of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 54A(1)(b): amended, on , by section 23(3) of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 54A(1)(c): inserted, on , by section 23(3) of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 54A(2): amended, on , by section 23(4) of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 54A(3): inserted, on , by section 23(5) of the Sentencing Amendment Act 2007 (2007 No 27).