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Sentencing Act 2002

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

68: Variation or cancellation of sentence of community work

You could also call this:

"Changing or stopping a community work sentence"

Illustration for Sentencing Act 2002

If you have a sentence of community work, you or a probation officer can apply to change or cancel it. You can do this if your situation has changed since you got the sentence, and this change means the sentence should be different or cancelled. You can also apply if you have done well with the sentence and it is no longer needed for you or the community.

A probation officer can apply to change or cancel your sentence if you have been convicted of a crime that can be punished with prison time. They can also apply if you have behaved in a way that is not acceptable while you are doing your community work, as described in section 71(1).

If the court agrees with the application, they can change your sentence by reducing the number of hours you have to work, or they can cancel it. If they cancel it, they can replace it with a different sentence, including another community work sentence. When deciding on a new sentence, the court must think about how much of your original sentence you still have to complete. If the court cancels your sentence, it will end on the day they make the decision, or on a different day they choose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136064.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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67A: Remission of community work hours during epidemic, or

"Reducing community work hours during an epidemic"

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69: Extension of period within which community work must be done, or

"Getting more time to finish community work if you need it"

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

68Variation or cancellation of sentence of community work

  1. An offender who is subject to a sentence of community work, 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. there has been a change of circumstances since the sentence was imposed that would justify the variation or cancellation of the sentence; or
    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, the continuation of the sentence is no longer necessary in the interests of the community or the offender.

      1. A probation officer may apply in accordance with section 72 for an order under subsection (3) of this section—

      2. if an offender who is subject to a sentence of community work is convicted of an offence punishable by imprisonment; or
        1. on the grounds that the offender has behaved in a manner described in any of paragraphs (a) to (j) of section 71(1).

          1. On an application under subsection (1) or subsection (2), the court may, if it is satisfied that the grounds on which the application is based have been established,—

          2. vary the sentence by reducing the number of hours of work to be done; or
            1. cancel the sentence; or
              1. cancel the sentence and substitute any other sentence (including another sentence of community work) 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. 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.

                2. If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.