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Sentencing Act 2002

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

69J: Application of section 69I during epidemic

You could also call this:

"Changing rules for community detention during an epidemic"

Illustration for Sentencing Act 2002

If an epidemic management notice is in force, a probation officer can change the curfew period for someone on community detention. You can have your curfew period changed if you or your probation officer applies to the court under section 72 for an order under section 69I(3). A probation officer can also change or suspend any conditions of your community detention sentence.

When a probation officer changes your curfew period, this change is temporary and lasts until the court hears your application or makes a decision. If a probation officer changes or suspends any conditions of your sentence, this change lasts until the epidemic management notice is revoked or the probation officer cancels the change.

A probation officer has the power to make these changes while the epidemic management notice is in force, and their decisions can affect your community detention sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136077.

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

69JApplication of section 69I during epidemic

  1. While an epidemic management notice is in force,—

  2. a probation officer who has applied in accordance with section 72 for an order under section 69I(3) varying the curfew period subject to which a sentence of community detention was imposed by the court on an offender may himself or herself vary the curfew period; and
    1. any probation officer may himself or herself vary the curfew period subject to which a sentence of community detention was imposed by the court on an offender if the offender has applied in accordance with section 72 for an order under section 69I(3) to vary the curfew period; and
      1. a probation officer may vary or suspend any conditions of a sentence of community detention.

        1. A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard or disposed of.

        2. Any variation or suspension of a condition under subsection (1)(c) has effect until the earlier of—

        3. the revocation of the epidemic management notice; or
          1. the date on which a probation officer rescinds the variation or suspension.

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