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Sentencing Act 2002

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

75B: Commencement of cumulative sentences of community detention

You could also call this:

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

Illustration for Sentencing Act 2002

When you get two community detention sentences at the same time, at least one of them starts on the day it is given. The other sentence starts after you finish the first one. You serve the first sentence of community detention, then you start the next one. This means you do not serve both sentences at the same time.

If you already have a community detention sentence and you get another one, the new sentence starts after you finish the first one. You do not count any time you spent serving one sentence towards the other sentence.

If your first community detention sentence is quashed, your next sentence starts from the day it was given. You get credit for the time you spent serving the quashed sentence, it counts towards your next sentence.

If your first community detention sentence is cancelled, your next sentence starts from the day the first one was cancelled. You do not get credit for the time you spent serving the cancelled sentence, it does not count towards your next 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=DLM136094.

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

"Starting community work sentences one after the other"

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

75BCommencement of cumulative sentences of community detention

  1. If a sentence of community detention is imposed cumulatively on another sentence of community detention 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 term of community detention under the first sentence of community detention to be served.

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

      2. To avoid doubt, if a sentence of community detention is imposed cumulatively on another sentence of community detention, any period during which the offender was subject to either of the sentences referred to in subsections (1)(b) or (2) is not counted towards the term of the other sentence.

      3. If a sentence of community detention is imposed cumulatively on another sentence of community detention (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 period during which the offender was subject to the quashed sentence must be treated as having been served under the subsequent sentence.

          1. If a sentence of community detention is imposed cumulatively on another sentence of community detention (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 period during which the offender was subject to the cancelled sentence must not be treated as having been served under the subsequent sentence.

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