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Sentencing Act 2002

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

76: Commencement of community-based sentence after temporary surrender under Extradition Act 1999

You could also call this:

"Starting a community sentence after being sent back to New Zealand from another country"

Illustration for Sentencing Act 2002

If you are an offender who is temporarily sent to New Zealand under the Extradition Act 1999, and you are convicted and sentenced to a community-based sentence, this section applies to you. You will be sent back to the country you came from after your court case is finished, as stated in section 66(2) of the Extradition Act 1999. Your sentence will not start until you report to a probation officer after you are returned to New Zealand.

When you get back to New Zealand, you must report to a probation officer within 72 hours, unless you are sentenced to community detention. If you are sentenced to community detention, you must report within 24 hours, or on the next working day if the 24 hours ends on a weekend or public holiday. This rule applies even if there are other rules in the Sentencing Act 2002 that say something different.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136095.

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

76Commencement of community-based sentence after temporary surrender under Extradition Act 1999

  1. This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

  2. is convicted and sentenced under this Act to a community-based sentence; and
    1. is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from where the offender was surrendered on completion of the proceedings to which the extradition related.

      1. Unless the court otherwise directs, the sentence imposed does not commence until the offender has reported to a probation officer after being returned to New Zealand.

      2. Except as provided in subsection (3A), an offender to whom this section applies must report to a probation officer within 72 hours of the offender's arrival in New Zealand.

      3. An offender who is sentenced to community detention must report within 24 hours, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day.

      4. This section applies despite any other provisions in this Act.

      Compare
      Notes
      • Section 76(3): replaced, on , by section 40 of the Sentencing Amendment Act 2007 (2007 No 27).
      • Section 76(3A): inserted, on , by section 40 of the Sentencing Amendment Act 2007 (2007 No 27).