Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Miscellaneous provisions

75: Commencement of community-based sentences

You could also call this:

"When community-based sentences start"

When you get a community-based sentence, it usually starts on the day it is given to you. This is subject to this section and sections like sections 75A and 75B and to sections 345 and 346 of the Criminal Procedure Act 2011. It starts on the given day regardless of whether it replaces another sentence.

If the court defers the start date of your community work sentence under section 57A, your sentence will start on the date the court specifies. If you get a community-based sentence as a second sentence and it is deferred under section 20A(2)(b), it will start when your first sentence is finished. Alternatively, if you have post-detention conditions from your first sentence, your community-based sentence will start when you are no longer subject to those conditions.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136091.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

74: Order must be drawn up and copy given to offender, etc, or

"The court must give you a copy of your sentence details in writing."

75A: Commencement of cumulative sentences of community work, or

"Starting community work sentences one after the other"

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

75Commencement of community-based sentences

A community-based sentence commences on the day on which it is imposed.
Subsection (1) applies—
subject to this section and sections 75A and 75B and to sections 345 and 346 of the Criminal Procedure Act 2011; and
regardless of whether or not the sentence is imposed in substitution for another sentence.

If the commencement date of a sentence of community work is deferred under section 57A, the sentence commences on the date specified in the order of the court.
If a community-based sentence is imposed as a second sentence and deferred under section 20A(2)(b),—
the community-based sentence commences on the date that the first sentence is completed; or
if the offender is subject to post-detention conditions imposed in respect of the first sentence, the community-based sentence commences on the date that the offender is no longer subject to those conditions.

Repealed
Repealed
Repealed
Repealed
Repealed

Notes

Section 75(2)(a): amended, on 22 January 2014, by section 32(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
Section 75(2)(a): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
Section 75(2)(a): amended, on 1 October 2007, by section 38(1) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(2A): inserted, on 1 October 2007, by section 38(2) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(3): replaced, on 22 January 2014, by section 32(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
Section 75(4): repealed, on 1 October 2007, by section 38(3) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(5): repealed, on 1 October 2007, by section 38(3) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(6): repealed, on 1 October 2007, by section 38(3) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(7): repealed, on 1 October 2007, by section 38(3) of the Sentencing Amendment Act 2007 (2007 No 27).
Section 75(8): repealed, on 1 October 2007, by section 38(3) of the Sentencing Amendment Act 2007 (2007 No 27).