Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

78: Effect of subsequent sentence of imprisonment

You could also call this:

"What happens to your community sentence if you go to prison"

Illustration for Sentencing Act 2002

If you get a community-based sentence and then you go to prison, the court has to decide what to do with your community-based sentence. The court can either stop your community-based sentence for the time being or stop it for as long as you are in prison. If the court stops your community-based sentence while you are in prison, it can also change or add conditions to your sentence when you get out.

When you get out of prison, you have to report to a probation officer within a certain time, usually 72 hours. If you were sentenced to community detention, you have to report within 24 hours, unless that would be on a weekend or public holiday, in which case you report on the next working day. Your community-based sentence does not start again until you have reported to a probation officer.

If you are given a prison sentence of more than 12 months, your community-based sentence is stopped. The court cannot change any conditions of your community-based sentence that involve prescription medication unless you have been fully advised about the medication and you agree to take it, as stated in section 52(2)(b) or 54I(3)(b). You must be told about the medication and its risks by someone who can prescribe it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM136097.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

77: Application of Accident Compensation Act 2001 to persons serving community-based sentence, or

"What happens if you get hurt while serving a community-based sentence"

Next

79: Period of suspension not counted towards sentence, or

"Suspended sentence time does not count towards your total sentence time."

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

78Effect of subsequent sentence of imprisonment

  1. Subsection (2) applies if an offender who is subject to a community-based sentence is subsequently sentenced to—

  2. a term of imprisonment of not more than 12 months; or
    1. 2 or more terms of imprisonment to be served concurrently, each term of which is not more than 12 months; or
      1. 2 or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months.

        1. If this subsection applies, the court must either—

        2. order that the community-based sentence be suspended; or
          1. order that the community-based sentence be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment.

            1. If the court suspends the community-based sentence under subsection (2)(b), it may, if it thinks fit, remit, suspend, or vary any conditions of the sentence imposed by the court, or impose additional conditions.

            2. The court must not vary any existing condition or impose any new condition of a kind referred to in section 52(2)(b) or 54I(3)(b) (which involves prescription medication) unless the offender—

            3. has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and
              1. consents to taking the prescription medication.

                1. If a community-based sentence is suspended under subsection (2)(b),—

                2. except as provided in paragraph (b), the offender must report to a probation officer as soon as practicable, and not later than 72 hours, after being released from detention; and
                  1. an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and
                    1. the sentence does not resume until the offender has reported to a probation officer as required by paragraphs (a) or (b).

                      1. Subsection (7) applies if an offender who is subject to a community-based sentence is subsequently sentenced to—

                      2. a term of imprisonment of more than 12 months; or
                        1. 2 or more terms of imprisonment to be served concurrently, each term of which is more than 12 months; or
                          1. 2 or more terms of imprisonment that are cumulative, the total term of which is more than 12 months.

                            1. If this subsection applies, the community-based sentence is suspended.

                            Notes
                            • Section 78(4): amended, on , by section 41(1) of the Sentencing Amendment Act 2007 (2007 No 27).
                            • Section 78(5)(a): replaced, on , by section 41(2) of the Sentencing Amendment Act 2007 (2007 No 27).
                            • Section 78(5)(b): replaced, on , by section 41(2) of the Sentencing Amendment Act 2007 (2007 No 27).
                            • Section 78(5)(c): inserted, on , by section 41(2) of the Sentencing Amendment Act 2007 (2007 No 27).