Part 2Sentences, orders, and related matters
Community-based sentences: Miscellaneous provisions
74Order must be drawn up and copy given to offender, etc
If a court imposes a community-based sentence on an offender, the particulars of the sentence must be drawn up in the form of an order.
Wherever practicable, a copy of the order must be given to the offender before he or she leaves the court.
The order must include information regarding—
- the nature of the sentence; and
- the initial reporting obligations; and
- the date on which the sentence commences; and
- the obligations to comply with the instructions of a probation officer and the terms of the sentence; and
- the consequences of non-compliance with the terms of the sentence; and
- the statutory provisions under which the sentence may be varied or cancelled.
If the community-based sentence is a sentence of community detention, then, in addition to the information required to be included in the order under subsection (3), the order must also include—
- the sentence term; and
- the curfew period; and
- the conditions that apply, including those that apply for the duration of the sentence term and those that only apply during the curfew period.
For the purposes of subsection (1), a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.
If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.
A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible after it is drawn up.
Compare
- 1985 No 120 s 58
Notes
- Section 74(3A): inserted, on , by section 37 of the Sentencing Amendment Act 2007 (2007 No 27).


