Sentencing Act 2002

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

57: Concurrent and cumulative sentences of community work

You could also call this:

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

Illustration for Sentencing Act 2002

If you get a sentence of community work and you are already doing community work, you do community work for both sentences at the same time, unless the court says you have to do them one after the other. You do community work for both sentences at the same time if you get more than one community work sentence for different offences, unless the court says you have to do them one after the other. If the court says you have to do community work sentences one after the other, or at the same time, the total time you spend doing community work must not be more than 400 hours.

If you get a sentence of community work and a sentence of supervision, intensive supervision, community detention, or home detention, you do the community work at the same time as the other sentence. This happens even if you get the sentences at different times. The court makes the decision about when you do your community work.

When the court makes a decision about your community work, they follow the rules in the Sentencing Act 2002, which you can find on the New Zealand legislation website. The rules about community work have been updated by the Sentencing Amendment Act 2007 and the Administration of Community Sentences and Orders Act 2013. You can find more information about these updates on the New Zealand legislation website.

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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=DLM136046.


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56: Guidance on use of sentence of community work, or

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


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57A: Court may defer commencement date of sentence of community work, or

"The court can delay when you start community work if you have another sentence to complete first."

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

57Concurrent and cumulative sentences of community work

  1. If a court imposes a sentence of community work on an offender who is already subject to a sentence of community work, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

  2. If a court imposes a sentence of community work in respect of each of 2 or more offences, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

  3. If a court directs that sentences of community work be served cumulatively or concurrently (whether or not the sentences are imposed at the same time), the total term of the sentences must not be more than 400 hours.

  4. A sentence of community work must be served concurrently with any sentence of supervision, intensive supervision, community detention, or home detention, whether or not the sentences are imposed at the same time.

Notes
  • Section 57(2A): inserted, on , by section 27(1) of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 57(2A): amended, on , by section 21 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
  • Section 57(3): replaced, on , by section 27(2) of the Sentencing Amendment Act 2007 (2007 No 27).