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Sentencing Act 2002

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

69F: Electronic monitoring

You could also call this:

"Wearing an electronic tag to check you follow the rules while on community detention"

Illustration for Sentencing Act 2002

When you are on community detention, you might have an electronic monitoring condition. This condition is to stop you from breaking the rules and to check if you are following them. The rules say you must stay at a certain address during a certain time, called the curfew period.

The information collected from electronic monitoring can be used for a few purposes. It can be used to check if you are staying at the curfew address, to detect if you are not following the rules, and to collect evidence if you break the rules. It can also be used to check if you have tampered with the monitoring equipment.

Information can be collected for the whole time you are on community detention, but it can only be used if it was collected for one of the allowed purposes and during the curfew period, except for checking if you tampered with the equipment. If information is collected outside the curfew period, it must be destroyed as soon as possible, according to section 69E(1)(e).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136073.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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69E: Conditions of community detention during sentence term, or

"Rules to follow when serving a community detention sentence"

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69G: Offence to breach conditions of community detention, or

"Breaking community detention rules is a crime"

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

69FElectronic monitoring

  1. The purpose of an electronic monitoring condition imposed as a condition under section 69E(1)(e) is to deter the offender from breaching the condition that the offender remain at the curfew address during the curfew period and to monitor compliance with that condition.

  2. Information about an offender that is obtained through electronic monitoring, may be used only for the purposes referred to in subsection (1) and for the following purposes:

  3. to verify compliance with the condition that the offender remain at the curfew address during the curfew period:
    1. to detect non-compliance with that condition:
      1. to provide evidence of non-compliance with that condition and the commission of offences during the curfew period:
        1. to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

          1. Information may be collected during the whole of the sentence term but may be used only if it was collected for 1 or more of the purposes set out in this section and, except for information collected for the purpose in subsection (2)(d), was collected during the curfew period.

          2. Any information obtained by electronic monitoring outside the curfew period must be destroyed as soon as practicable.

          Notes
          • Section 69F: inserted, on , by section 33 of the Sentencing Amendment Act 2007 (2007 No 27).