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Sentencing Act 2002

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

75A: Commencement of cumulative sentences of community work

You could also call this:

"Starting community work sentences one after the other"

Illustration for Sentencing Act 2002

When you get a sentence of community work on top of another one, at least one of the sentences starts on the day it is given. The next sentence starts after you finish the hours of community work for the first sentence. This means you do not start the next sentence until you have completed the first one.

If you already have a sentence of community work and you get another one, the new sentence starts after you finish the hours of community work for the first sentence. You cannot count hours of work done under one sentence towards the hours of work for the other sentence.

If your first sentence is quashed, your next sentence starts from the day it was given, and any work you did under the quashed sentence counts towards the next sentence. But if your first sentence is cancelled, your next sentence starts from the day the first sentence was cancelled, and any work you did under the cancelled sentence does not count towards the next sentence.

Your sentence of community work ends when you finish the required hours of work, taking into account any hours you do not have to do because of section 67, whether or not the time allowed under section 58 or any extended time has expired.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136093.

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75: Commencement of community-based sentences, or

"When community-based sentences start"

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75B: Commencement of cumulative sentences of community detention, or

"When you get more than one community detention sentence, you serve them one after the other."

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

75ACommencement of cumulative sentences of community work

  1. If a sentence of community work is imposed cumulatively on another sentence of community work imposed at the same time,—

  2. at least 1 of the sentences must commence on the day that sentence is imposed; and
    1. the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.

      1. If a sentence of community work is imposed cumulatively on another sentence of community work to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.

      2. To avoid doubt, if a sentence of community work is imposed cumulatively on another sentence of community work, hours of work done under either of the sentences on the date referred to in subsections (1)(b) or (2) are not counted towards the hours of work required to be done under the other sentence.

      3. If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—

      4. the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and
        1. any hours of work completed under the quashed sentence must be treated as having been done under the subsequent sentence.

          1. If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled,—

          2. the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and
            1. to avoid doubt, any hours of work completed under the cancelled sentence must not be treated as having been done under the subsequent sentence.

              1. A sentence of community work expires on the date that the offender completes the hours of work required under the sentence (taking into account any hours remitted under section 67), whether or not the period of time allowed under section 58 or any extended period granted under section 69 or 69A has expired.

              Notes
              • Section 75A: inserted, on , by section 39 of the Sentencing Amendment Act 2007 (2007 No 27).