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Sentencing Act 2002

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

54L: Application of section 54K during epidemic

You could also call this:

"What happens to your sentence conditions during an epidemic"

Illustration for Sentencing Act 2002

If an epidemic management notice is in force, a probation officer can change the special conditions of your intensive supervision sentence without going to court. You or your probation officer must have already applied to the court to change these conditions, as set out in section 72 and section 54K(3). The probation officer can also change or suspend the standard conditions of your sentence.

When a probation officer changes the special conditions, this change is temporary until the court hears your application. If the probation officer changes or suspends the standard conditions, this change will stay in place until the epidemic management notice is revoked or the probation officer decides to change it back.

The probation officer's decision to change or suspend the standard conditions can be reversed when the epidemic management notice is no longer in force or when the probation officer decides to rescind the change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136042.

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

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

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

        1. A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard or 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 54L: inserted, on , by section 24 of the Sentencing Amendment Act 2007 (2007 No 27).