Sentencing Act 2002

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

56: Guidance on use of sentence of community work

You could also call this:

"Helping the court decide if community work is a suitable sentence for you"

Illustration for Sentencing Act 2002

When a court thinks about giving you a sentence of community work, they must consider a few things. They think about whether the crime you did and the circumstances around it make it a good idea for you to do work for the community as a way to make up for what you did. They also think about whether this sentence is a good fit for you, based on who you are and what has happened in your life.

The court considers whether you have problems like alcohol or drug issues, or mental health problems, that might make it hard for you to complete the community work. If they think you won't be able to finish the work, they might not give you this sentence.

The court usually assumes that there will be suitable work for you to do as part of your sentence, unless a probation officer tells them otherwise.

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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=DLM136045.


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55: Sentence of community work, or

"Helping the community as a punishment for a crime"


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57: Concurrent and cumulative sentences of community work, or

"Doing community work at the same time or one after another for different sentences"

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

56Guidance on use of sentence of community work

  1. In considering whether to impose a sentence of community work, the court must give particular consideration to—

  2. whether the nature and circumstances of the offending make it appropriate for the offender to be held accountable to the community by making compensation to it in the form of work, in addition to, or instead of, making reparation to any person in respect of the offending; and
    1. whether the sentence is appropriate having regard to the offender's character and personal history, and to any other relevant circumstances.
      1. A sentence of community work is inappropriate if the court is satisfied that—

      2. the offender has alcohol, drug, psychiatric, or intellectual problems that indicate that it is unlikely that he or she would complete a sentence of community work; or
        1. for any other reason it is unlikely that the offender would complete a sentence of community work.
          1. The court may assume that suitable work is available for the offender to perform under the sentence unless the court is advised otherwise by a probation officer.

          Notes
          • Section 56(1)(a): amended, on , by section 26 of the Sentencing Amendment Act 2007 (2007 No 27).