Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Intensive supervision

54I: Other special conditions

You could also call this:

"Extra rules to help you stay out of trouble and become a better member of society"

Illustration for Sentencing Act 2002

When you are given a sentence of intensive supervision, the court can add special conditions to help you. The court can add these conditions if they think you might offend again and standard conditions are not enough. The court wants to help you stop offending by adding conditions that will help you rehabilitate and reintegrate into society.

The court can add conditions about where you live, your finances, or your earnings. They can also add conditions that require you to take prescription medication, but only if you have been told about the medication and you agree to take it. The court can stop you from doing things like using controlled drugs, psychoactive substances, or alcohol.

The court can also require you to learn basic work and living skills or to comply with judicial monitoring as directed by a probation officer or the sentencing Judge, which is explained in subpart 2B. You might have to let a probation officer check that you are following the conditions using electronic monitoring.

You cannot be made to pay a fine or do community work as a special condition. If you are required to take prescription medication, you must be fully advised about the medication and you must agree to take it. If you stop taking the medication, you are not breaching your conditions for the purposes of section 70A, but the court might change or cancel your sentence of intensive supervision, which is explained in section 54K.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136039.


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54H: Programmes, or

"Programmes: Activities to help you while on intensive supervision"


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54IA: Electronic monitoring, or

"Wearing an electronic device to help you follow the rules"

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

54IOther special conditions

  1. A court may impose any of the special conditions described in subsection (3) if the court is satisfied that—

  2. there is a significant risk of further offending by the offender; and
    1. standard conditions alone would not adequately reduce that risk; and
      1. the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
        1. A court may only impose a condition of the kind described in subsection (3)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence.

        2. The conditions referred to in subsections (1) and (2) comprise—

        3. 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:
          1. conditions requiring the offender to take prescription medication:
            1. conditions prohibiting the offender from doing 1 or more of the following:
              1. using (as defined in section 4(1)) a controlled drug:
                1. using a psychoactive substance:
                  1. consuming alcohol:
                  2. conditions requiring the offender to undertake training in basic work and living skills:
                    1. a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge:
                      1. any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender:
                        1. a condition that the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with any conditions of his or her sentence imposed under paragraph (e) that prohibit the offender from entering or remaining in specified places or areas at specified times or at all times.
                          1. No court may impose a condition under this section that—

                          2. the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or
                            1. 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.
                                1. No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—

                                2. 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
                                  1. consents to taking the prescription medication.
                                    1. An offender does not breach his or her conditions for the purposes of section 70A 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 intensive supervision under section 54K.

                                    Notes
                                    • Section 54I: inserted, on , by section 24 of the Sentencing Amendment Act 2007 (2007 No 27).
                                    • Section 54I(3)(ba): inserted, on , by section 7(1) of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
                                    • Section 54I(3)(f): inserted, on , by section 6(1) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).
                                    • Section 54I(4)(b): amended, on , by section 6(2) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).
                                    • Section 54I(4)(c): repealed, on , by section 6(3) of the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 47).