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Sentencing Act 2002

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

69I: Variation or cancellation of sentence of community detention

You could also call this:

"Changing or stopping a community detention sentence"

Illustration for Sentencing Act 2002

If you are given a sentence of community detention, you or a probation officer can ask the court to change or cancel it. You can do this if you are having trouble following the rules of your sentence, or if your curfew address is no longer suitable. The court can consider changing your sentence if your situation has changed since you were given the sentence, and if changing it would help you to rehabilitate and reintegrate into the community.

If you are convicted of another crime while you are on community detention, a probation officer can ask the court to change or cancel your sentence. The court can then decide to suspend or change your curfew period, change your curfew address, cancel your sentence, or give you a new sentence. When deciding on a new sentence, the court must think about the part of your original sentence that you have not yet served.

If the court cancels your sentence, it will end on the day the court makes the decision, or on a later date that the court chooses. If someone asks the court to change your curfew period, a probation officer can temporarily suspend it until the court makes a decision. You can find more information about how to ask the court to change your sentence in section 72.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136076.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Refusing to let a probation officer into your home can get you in trouble"

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69IA: When time ceases to run on sentence of community detention, or

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

69IVariation or cancellation of sentence of community detention

  1. An offender who is subject to a sentence of community detention, or a probation officer, may apply, in accordance with section 72, for an order under subsection (3) on the grounds that—

  2. the offender is unable to comply, or has failed to comply, with any conditions of the sentence; or
    1. the curfew address is no longer available or suitable because of a change in circumstances; or
      1. having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—
        1. the rehabilitation and reintegration of the offender would be advanced by the suspension or variation of the curfew period; or
          1. the continuation of the sentence is no longer necessary in the interests of the community or the offender.

          2. A probation officer may apply for an order under subsection (3) if an offender, who is subject to a sentence of community detention, is convicted of an offence punishable by imprisonment.

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

          4. suspend or vary the curfew period; or
            1. vary the curfew address; or
              1. cancel the sentence; or
                1. cancel the sentence and substitute any other sentence (including another sentence of community detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

                  1. When an application is made under this section on the ground specified in subsection (1)(b) and there is no suitable alternative curfew address available, the court may do either or both of the following things:

                  2. issue to a constable a warrant for the offender's arrest:
                    1. bail the offender or remand the offender in custody if the application cannot be determined immediately.

                      1. When determining a substitute sentence to be imposed under subsection (3)(d), 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.

                      3. If an application is made under this section for the suspension or variation of the curfew period, a probation officer may suspend the curfew period until the application has been heard and disposed of.

                      Notes
                      • Section 69I: inserted, on , by section 33 of the Sentencing Amendment Act 2007 (2007 No 27).
                      • Section 69I(3A): inserted, on , by section 27 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                      • Section 69I(3A): amended, on , by section 96 of the Statutes Amendment Act 2016 (2016 No 104).