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Sentencing Act 2002

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

54K: Variation or cancellation of sentence of intensive supervision

You could also call this:

"Changing or stopping a sentence of intensive supervision"

Illustration for Sentencing Act 2002

If you have a sentence of intensive supervision, you or a probation officer can ask the court to change or cancel it. 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 ask for a change if your situation has changed since you got the sentence, and if changing the rules would help you rehabilitate and reintegrate into the community.

If you commit another crime while you are on intensive supervision, a probation officer can ask the court to change or cancel your sentence. The court can then decide to change the rules of your sentence, cancel it, or give you a new sentence. If the court changes one of the rules, it must follow the rules set out in section 54I.

The court must think about how much of your original sentence you still have to serve when it is 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 day that the court chooses. If you ask the court to change one of the rules of your sentence, a probation officer can temporarily stop that rule until the court makes a decision.

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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=DLM136041.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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54J: Offender to be under supervision of probation officer, or

"Someone on intensive supervision must follow a probation officer's guidance"

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54KA: When time ceases to run on sentence of intensive supervision, or

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

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

54KVariation or cancellation of sentence of intensive supervision

  1. An offender who is subject to a sentence of intensive 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 any 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 intensive supervision is convicted of an offence punishable by imprisonment.

          3. On an application under subsection (1) or (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 intensive 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. If the court varies a special condition or imposes an additional special condition under subsection (3)(a), section 54I applies.

                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, 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 special condition imposed by the court, a probation officer may suspend the special condition until the application has been heard and disposed of.

                Notes
                • Section 54K: inserted, on , by section 24 of the Sentencing Amendment Act 2007 (2007 No 27).