Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

66: Offender excused from reporting in certain circumstances

You could also call this:

"When you don't have to report for community work"

Illustration for Sentencing Act 2002

If you are doing community work as part of your sentence, you might not have to report to the community work centre or agency on certain days. You can be excused from reporting when the centre or agency is closed. You can also be excused from reporting on special days or for a certain period of time if a probation officer says it is okay. A probation officer can excuse you if you are sick or hurt and cannot report.

If you are sick or hurt, the probation officer might ask you to get a certificate from a doctor to prove you are unfit to report. The doctor's certificate is not the only thing the probation officer will consider when deciding whether to excuse you. If you are excused from reporting, you still have to do all the community work hours that you were sentenced to do.

You can find more information about this rule by looking at the Sentencing Act 2002 and other related laws. If a probation officer excuses you from reporting, it does not mean you get to skip some of your community work hours. You will still have to complete all of your community work as sentenced.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM136056.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

65: Supervision of offender while doing community work, or

"Someone in charge watches you while you do community work as part of your sentence."

Next

66A: Probation officer may direct hours of work to be converted to training, or

"Probation officer can swap some community work hours for training to help you learn new skills"

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

66Offender excused from reporting in certain circumstances

  1. An offender who is subject to a sentence of community work may be excused from reporting during any period when the community work centre or other agency at which the offender is required to report is closed.

  2. In special circumstances, a probation officer may excuse an offender from reporting on any day or during any period.

  3. Without limiting subsection (2), if an offender is unable to report on any day or during any period because of illness or injury, a probation officer must, on being satisfied (whether before or after the failure to report) with the circumstances of the case, excuse the offender from the requirement to report on that day or during that period.

  4. For the purpose of determining whether or not to excuse an offender under subsection (3), the probation officer may require that the offender obtain a certificate from a registered medical practitioner as to whether the offender is, will be, or was unfit to report on the day or during the period.

  5. A certificate obtained in accordance with subsection (4) is not conclusive as to whether the offender is, will be, or was unfit to report.

  6. To avoid doubt, if an offender is excused under this section from reporting, that does not have the effect of remitting any of the hours of community work required to be done under the sentence.

Compare